HomeMy WebLinkAboutApprove for Introduction Ordinance No. 4319 Amending Hunting (2) TiNG 2000 Main Street,
� oti Huntington Beach,CA
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City of Huntington Beach APPRovEn92648 4 3
�� �E, „pY't o (MOSER, BOLTON,
F�GUNTv cP�` KALMICK-NO)
File #: 24-263 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. Brian Smith and Ingrid Ono, Executive Assistant
Subject:
Adopt Ordinance No. 4319 amending Huntington Beach Municipal Code (HBMC) Chapter
13.08 related to activities on Huntington City Beach and in the Beach Activity Zone, and
making a finding of exemption under CEQA
(Approved for Introduction on 4-02-2024 by a vote of 7-0)
Statement of Issue:
Staff recommends amending Municipal Code Section 13.08 (Beach Regulations) to: establish
Emergency Services Access.Zones on the beach to allow for unhindered access by public safety
personnel in the performance of their duties; and clarify a standard of disruptive noise, prohibited
uses of public restrooms, the injuring of public property, and allowable tents and canopies at the
beach.
Financial Impact:
There is no financial impact.
Recommended Action:
Adopt Ordinance No. 4319 "An Ordinance of the City Council of the City of Huntington Beach
Amending the Huntington Beach Municipal Code by Amending Chapter 13.08 Beach Regulations."
Alternative Action(s):
Do not approve, and direct staff accordingly.
Analysis:
HBMC 13.08 (Beach Regulations) does not give public safety the authority to establish Emergency
Access Zones within the City Beach for unhindered access by public safety personnel in the
performance of their duties, which is crucial, especially during large events. Proposed Ordinance No.
4319 establishes the definition of an Emergency Services Access Zone and prohibits leaving objects
City of Huntington Beach ✓ Page 1 of 2 Printed on 4/10/2024
powere24 LegistarTM
File #: 24-263 MEETING DATE: 4/16/2024
within or obstructing or blocking an Emergency Services Access Zone. The ordinance also permits
the removal of items left in these zones.
In addition, this Ordinance would change the current Beach noise ordinance from a standard that
requires disturbing one's peace or comfort to a defined distance-based audible level consistent with
other amplified noise related regulations.
Moreover, this ordinance would prohibit using public restrooms for other purposes than they are
designed and prohibit obstructing their use. It also updates language regarding the type and size of
tents and canopies on the beach. Lastly, it clarifies the list of property that is considered public
property and prohibits individuals from "injuring" public property on beaches.
Overall, proposed Ordinance 4319 adds clarity to existing HBMC 13.08 and adds Emergency Access
Zones to facilitate public safety activities when needed.
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.
Attachment(s):
1. Ordinance No. 4319
2. PowerPoint Presentation
City of Huntington Beach Page 2 of 2 Printed on 4/10/2024
powere ,Legistar
ORDINANCE NO. 4319
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY AMENDING CHAPTER 13.08 BEACH
REGULATIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. That Section 13.08.05 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
13.08.005 Definitions
For the purposes of this chapter,the following terms shall have the respective meanings set
forth herein,unless the context in which they are used clearly indicates to the contrary:
"Adjacent Beach Area" includes that strip of land owned and/or operated by the City of
Huntington Beach, south of Anderson St., lying between Pacific Coast Highway and the mean
high tide line of the Pacific Ocean. "Beach" also includes that portion of the State Beach(Bolsa
Chica)which the City operates pursuant to an operating agreement with the State of California.
The "Adjacent Beach Area" includes the Beach Service Road,the Pier,the Pier Plaza,walkways,
guardrails,hills,raised banks, structures and Beach Parking Lots. The "Adjacent Beach Area"
extends from the mean high tide line of the Pacific Ocean to the west curb line of Pacific Coast
Highway from Warner Avenue to the Santa Ana River and the mean high tide line of the Pacific
Ocean to the west residential property lines of South Pacific Avenue from Warner Avenue to
Anderson Street. Unless otherwise specifically referenced,this definition shall only apply to this
section of the Huntington Beach Municipal Code.
"Alcoholic Beverage" includes alcohol, spirits, liquor, wine,beer and every liquid or solid
containing alcohol, spirits,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.
"Beach" includes that strip of land owned and/or operated by the City of Huntington Beach,
south of Warner Avenue, lying between Pacific Coast Highway and the mean high tide line of
the Pacific Ocean. "Beach" also includes that portion of the State Beach(Bolsa Chica)which the
City operates pursuant to an operating agreement with the State of California. "Beach" also
includes that strip of land owned, controlled and/or operated by the City of Huntington Beach
lying from and including Anderson Street to the north, Warner Avenue to the south,the mean
high tide line of the Pacific Ocean and the west legal property line of adjoining residential
properties which are on South Pacific Avenue, excluding the street appendages that extend west
of South Pacific Avenue.
"Beach Parking Lot" means roads, driveways or parking area to service the Beach, Pier or Pier
Plaza, excluding those areas located on a street or highway.
23-12895/33435
ORDINANCE NO. 4319
"Beach Service Road" means the paved roadway on the Beach that extends from Beach
Boulevard to Sea-point Avenue running parallel to Pacific Coast Highway nearest to the
shoreline of the Pacific Ocean.
"Director" refers to the Director of the Community & Library Services Department and/or his
or her designee.
"Emergency Services Access Zone"includes the Beach Service Road,the driveway between
lifeguard headquarters and the service road, all public stairways, sidewalks,walkways,pedestrian
access ramps,the area of Pier Plaza located between prolongation lines from the outer-most edges
of the Municipal Pier, a fourteen-foot wide pathway, seven-feet to each side of the centerline of
the Municipal Pier's deck;the area directly in front of any operational lifeguard tower to the
waterline,and any areas, lanes or zones on the Beach delineated by signs or barriers, including
temporary measures,to permit unobstructed access by emergency vehicles and emergency service
personnel.
"Occupied" means used for the purpose of protecting human beings from wind, sun, rain or
public view.
"Pacific Ocean" includes all waters of the Pacific Ocean to a point three miles out from the
mean high tide line,parallel to the three miles out from the Beach whether or not the lands lying
under said tidal waters are privately owned or publicly owned including but not limited to the
Water Activity Zone. .
"Person" means any individual, firm, copartnership,joint venture, association, social club,
• fraternal organization, corporation or any other group or combination, acting as a unit.
"Pier" means the appurtenance beginning at the intersection of Pacific Coast Highway and Main
Street on the Beach, which is a platform extending into the Pacific Ocean and supported by piles
or pillars.
"Pier Plaza" means the developed area on the Beach immediately north and south adjacent to
the Pier bounded by Pacific Coast Highway and the Beach Parking Lots adjacent thereto.
"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,
weed, plant, or any other combustible substance. 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,weed, plant, or any other combustible
substance.
"Water Activity Zone" means the area that extends 1,000 feet seaward into the Pacific Ocean
from the mean high tide line.
"Wheeled Conveyance" shall include, but not be limited to, automobiles,bicycles, skateboards,
rollerblades,rollerskates, and strollers.
2
ORDINANCE NO. 4319
SECTION 2. That Section 13.08.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
13.08.020 Defacing,Injuring, and/or Destroying Public Property
No Person shall cut, carve, hack, remove,deface, affix item or object to, or otherwise injure any
fence, post, toilet, lavatory, restroom, building, shower, vegetation, trash can, sign or other
structure, at or on the Beach,Adjacent Beach Area,Pier or Pier Plaza, or to place writing upon the
interior or exterior of any fence,post,toilet,lavatory,restroom,building, shower,vegetation,trash
can, sign or other structure therein, any initial, name writing,printing, drawing or vulgar,profane
or obscene word or picture.
SECTION 3. That Section 13.08.051 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
A. No Person shall erect,maintain or occupy any tent or canopy in excess of 100 square
feet, or any tent or canopy without at least two sides completely open to public view, on the
Beach or Adjacent Beach Area, as described in Section 13.08.005(B), except by permit issued by
the Director.
B. No Person shall erect, maintain or occupy any canopy or tent in the Beach Parking
Lot, Beach Service Road, Pier or Pier Plaza except by permit issued by the Director.
'SECTION 4. That Section 13.08.200 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
A. No Person shall place, lay, store,hang or cause to be placed, laid, stored, or cause to
be hung any object on, against, or upon any lifeguard station or municipal structure, or within an
Emergency Services Access Zone, except by permit issued by the Director.
B. Property left in violation of this section may be impounded by any on-duty City
employee acting in the scope of their duties. Any impounded items will be kept by the Police
Department or Marine Safety Division for at least 90 days. After 90 days the property will be
considered abandoned and may be disposed of by the City.
Impounded personal property may be disposed of immediately if there is a cause to
reasonably believe that the property is:
1. Perishable;
2. Contaminated with feces, urine or bodily fluid;
3. Infested with insects;
4. Contaminated with mold or mildew;
5. Intentionally discarded;
6. An immediate threat to public health or safety.
SECTION 5. That Section 13.08.215 of the Huntington Beach Municipal Code is hereby
added to read as follows:
3
ORDINANCE NO. 4319
13.08.215 Obstructing Emergency Access Zone
Following notice by posted sign or verbal warning,no person may obstruct or block access or use
of the Emergency Access Zone by emergency vehicles and emergency service personnel. Any
person sitting, laying,playing, or loitering will be considered to be obstructing the Emergency
Access.
SECTION 6. That Section 13.08.270 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
A. No Person shall play, use or operate, or permit to be played,used or operated, any
instrument, machine or device, for producing, or reproducing, or amplifying sound, upon the
Beach or Adjacent Beach Area, at such a volume which sound is plainly audible at fifty feet,
after having been warned.
B. Activities conducted by public safety personnel engaged in the performance of
their duties,and those conducted with a permit issued by the Director authorizing such noise, are
exempt from this section.
C. Nothing in this section is meant to prevent individuals from engaging in free-
-- speech activities.
SECTION 7. That Section 13.08.350 of the Huntington Beach Municipal Code is hereby
added to read as follows:
13.08.305 Public Restrooms
A. No person shall block,obstruct, or prevent free access to the entrance or exit to any
restroom, washroom, shower, or building open to the public.
B. Public restrooms shall not be used for sleeping,loitering,bathing,camping, storage
or habitation.
SECTION 8. That this Ordinance shall become effective thirty (30) days after its
adoption.
4
ORDINANCE NO. 4319
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the I(fl day of A-prj I , 2024.
Mayor
REVIE D APPROV D: APPROVED AS ORM:
Manager i Attorney
INITIATED AND APPROVED: ATTEST:
. 416kt/7414J
Chief of Police City e �l
5
Ord. No. 4319
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: Bums,Van Der Mark, Strickland, McKeon
NOES: Moser, Bolton,Kalmick
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.
6(440L Q.674417•141441)
In accordance with the City Charter of said City.
• •••J Estanislau, City Clerk City Clerk and ex-officio Clerk
•
4-41
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
_ ��� INCLUDES THE
FOUNTAIN
YALLEV 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: 0011663374
Customer's Reference/PO Number:
Publication: Huntington Beach Wave
Publication Dates: 04/25/2024
Total Amount: $405.19
Payment Amount $0.00
Amount Due: $405.19
Notice ID: KvQOkt2vNH6JhdyxsrzQ
Invoice Text: H.B.Wave PUBLISH DATE:04/25/2024 CITY OF HUNTINGTON BEACH LEGAL
NOTICE ORDINANCE NO.4319 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 13.08 BEACH REGULATIONS"SYNOPSIS:Ordinance No.4319
establishes the definition of an Emergency Services Access Zone and prohibits
leaving objects within or obstructing or blocking an Emergency Services Access
Zone.The ordinance also permits the removal of items left in these zones. In addition,
this Ordinance changed the previous Beach noise ordinance from a standard that
requires disturbing one's peace or comfort to a defined distance-based audible level
consistent with other amplified noise related regulations.Ordinance No.4319
prohibits using public restrooms for other purposes than they are designed and
prohibits obstructing their use. It also updated language regarding the type and size
of tents and canopies on the beach. Lastly, it clarified the list of property that is
considered public property and prohibits individuals from"injuring"public property on
beaches. 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: Burns,Van Der
Mark, Strickland, McKeon NOES: Moser, Bolton, Kalmick 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
Synopsis - Ordinance No. 4319 - Page 1 of 2
See Proof on Next Page
INCLUDES THE
f2UNTAIN
/ 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.
S .ture
Synopsis - Ordinance No. 4319 - Page 1 of 2
H.B.Wave
PUBLISH DATE:
04/25/2024
CITY OF HUNTINGTON BEACH
LEGAL NOTICE
ORDINANCE NO.4319
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 13.08 BEACH REGULATIONS"
SYNOPSIS:
Ordinance No.4319 establishes the definition of an Emergency Services Access Zone
and prohibits leaving oblects within or obstructing or blocking an Emergency Services
Access Zone. The ordinance also permits the removal of items left In these zones. In
addition,this Ordinance changed the previous Beach noise ordinance from a standard
that requires disturbing one's peace or comfort to a defined distance-based audible
level consistent with other amplified noise related regulations.
Ordinance No.4319 prohibits using public restrooms for other purposes than they are
designed and prohibits obstructing their use. It also updated language regarding the
type and size of tents and canopies on the beach. Lastly,It clarified the list of property
that is considered public property and prohibits Individuals from "Insuring" public
property on beaches.
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 April 16,2024 by the following roll call vote:
AYES: Burns,Van Der Mark,Strickland,McKeon
NOES: Moser, Bolton, Kaimlck
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. 4319 - Page 2 of 2
LEGISLATIVE DRAFT
HBMC CHAPTER 13.08
Chapter 13.08
13.08.005 Definitions
For the purposes of this chapter,the following terms shall have the respective meanings set forth
herein,unless the context in which they are used clearly indicates to the contrary:
"Adjacent Beach Area" includes that strip of land owned and/or operated by the City of
Huntington Beach, south of Anderson St., lying between Pacific Coast Highway and the mean
high tide line of the Pacific Ocean. "Beach" also includes that portion of the State Beach(Bolsa
Chica)which the City operates pursuant to an operating agreement with the State of California.
The "Adjacent Beach Area" includes the Beach Service Road,the Pier,the Pier.Plaza,walkways,
guardrails,hills,raised banks, structures and Beach Parking Lots. The "Adjacent Beach Area"
extends from the mean high tide line of the Pacific Ocean to the west curb line of Pacific Coast
Highway from Warner Avenue to the Santa Ana River and the mean high tide line of the Pacific
Ocean to the west residential property lines of South Pacific Avenue from Warner Avenue to
Anderson Street. Unless otherwise specifically referenced,this definition shall only apply to this
section of the Huntington Beach Municipal Code.
"Alcoholic Beverage" includes alcohol, spirits,liquor,wine,beer and every liquid or solid
containing alcohol, spirits,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.
"Beach" includes that strip of land owned and/or operated by the City of Huntington Beach,
south of Warner Avenue,lying between Pacific Coast Highway and the mean high tide line of
the Pacific Ocean. "Beach" also includes that portion of the State Beach(Bolsa Chica)which the
City operates pursuant to an operating agreement with the State of California. "Beach" also
includes that strip of land owned, controlled and/or operated by the City of Huntington Beach
lying from and including Anderson Street to the north,Warner Avenue to the south,the mean
high tide line of the Pacific Ocean and the west legal property line of adjoining residential
properties which are on South Pacific Avenue, excluding the street appendages that,extend west
of South Pacific Avenue.
"Beach Parking Lot" means roads, driveways or parking area to service the Beach,Pier or Pier
Plaza,excluding those areas located on a street or highway.
"Beach'Service Road" means the paved roadway on the Beach that extends from Beach
Boulevard to Sea-point Avenue running parallel to Pacific Coast Highway nearest to the
shoreline of the Pacific Ocean.
"Director" refers to the Director.of the Community &Library Services Department and/or his
or her.designee.
233
"Emergency Services Access Zone" includes the Beach Service Road,the driveway between
lifeguard headquarters and the service road, all public stairways, sidewalks,walkways,
pedestrian access ramps, the area of Pier Plaza located between prolongation lines from the
outer-most edges of the Municipal Pier, a fourteen-foot wide pathway, seven feet to each side of
the centerline of the Municipal Pier's deck;the area directly in front of any operational lifeguard
tower to the waterline, and any areas, lanes or zones on the Beach delineated by signs and
barriers, including temporary measures,to permit unobstructed access by emergency vehicles
and emergency service personnel.
"Occupied" means used for the purpose of protecting human beings from wind, sun,rain or
public view.
"Pacific Ocean" includes all waters of the Pacific Ocean to a point three miles out from the
mean high tide line,parallel to the three miles out from the Beach whether or not the lands lying
under said tidal waters are privately owned or publicly owned including but not limited to the
Water Activity Zone.
"Person" means any individual, firm, copartnership,joint venture, association, social club,
fraternal organization, corporation or any other group or combination, acting as a unit.
"Pier" means the appurtenance beginning at the intersection of Pacific Coast Highway and
Main Street on the Beach,which is a platform extending into the Pacific Ocean and supported by
piles or pillars.
"Pier Plaza" means the developed area on the Beach immediately north and south adjacent to
the Pier bounded by Pacific Coast Highway and the Beach Parking Lots adjacent thereto.
"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,
weed,plant, or any other combustible substance. 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,weed,plant, or any other combustible
substance.
"Water Activity Zone" means the area that extends 1,000 feet seaward into the Pacific Ocean
from the mean high tide line.
"Wheeled Conveyance" shall include,but not be limited to, automobiles,bicycles,
skateboards,rollerblades,rollerskates, and strollers.
13.08.020 Defacing,Eniurvina.and/or Destroying Public Property
No Person shall cut, carve, hack, remove, deface, affix item or object to, or otherwise injure any
fence, post, toilet, lavatory, restroom, building, shower, vegetation, trash can, sign or other
structure, at or on the Beach,Adjacent Beach Area,Pier or Pier Plaza,or to place writing upon the
interior or exterior of any fence,post,toilet,lavatory,restroom,building, shower,vegetation,trash
234
can, sign or other structure therein, any initial,name writing,printing, drawing or vulgar,profane
or obscene word or picture.
13.08.051 Tents and Canopies
A. No Person shall erect,maintain or occupy any tent or canopy in excess of 100 square feet,
or any tent or canopy without at least two sides completely open to public view, on the Beach or
Adjacent Beach Area, as described in Section 13.08.005(B), except by permit issued by the
Director.
B. No Person shall erect,maintain or occupy any canopy or tent in the Beach Parking Lot,Beach
Service Road,Pier or Pier Plaza except by permit issued by the Director.
13.08.200 Leaving Objects
(A)No Person shall place, lay, store,hang or cause to be placed, laid, stored, or cause to be hung
any object on, against, or upon any lifeguard station or municipal structure, or within an
Emergency Services Access Zone,except by permit issued by the Director.
(B)Property left in violation of this section may be impounded removed by any on-duty City
employee acting in the scope of their duties. Any impounded removed items will be kept by the
Police Department or Marine Safety Division for 420 days. After 490 days the property will be
considered abandoned and may be disposed of by the City.
Impounded personal property may be disposed of immediately if there is a cause to reasonably
believe that the property is:
1. Perishable;
2. Contaminated with feces,urine or bodily fluid;
3. Infested with insects;
4. Contaminated with mold or mildew:,
5. Intentionally discarded;
6. An immediate threat to public health or safety
13.08.215 Obstructi g Emergency Access Zone
Following notice by posted sign or verbal warning,no person may obstruct or block access or use
of the Emergency Access Zone by emergency vehicles and emergency service personnel. Any
person sitting,laving. playing, or loitering will be considered to be obstructing the Emergency
Access Zone.
13.08.270 Noise
A. No Person shall play,use or operate, or permit to be played, used or operated, any
instrument,machine or device, for producing,Of reproducing, or amplifying sound,upon the
Beach or Adjacent Beach Area, at-su volume-as easenably to dis'urb he„ear, gu e*
235
mf rt e f Persons who a o et-volu tary listeners thereto after having been warned which
sound is plainly audible fifty feet from the source of the noise.
B. Activities conducted by public safety personnel engaged in the performance of their
duties, and those conducted with a permit issued by the Director authorizing such noise, are
exempt from this section. d
Nothing in this sections is meant to prevent individuals from engaging in free-speech
activities.
13.08.305 Public Restrooms
A. No person shall block, obstruct, or prevent free access to the entrance or exit to any
restroom,washroom, shower, or building open to the public.
B. Public restrooms shall not be used for sleeping, loitering,bathing, camping, storage,.or
habitation.
236
NGTO/�
4,<<:v
Ordinance No . 4319
Changes to Huntington Beach
—� � Municipal Code Section 13.08
April 2, 2024
POLICE
237
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Adds definition of Emergency Services Access Zone to 13.08.05
To include the following areas: r� ..4 -
• The Beach Service Road. z. _ __
• All public stairways, sidewalks, access ramps. N r ' , .t �`�<
• A 14-foot-wide pathway down the center of the pier. z ,,,.
• The area in Pier Plaza located between the outer mostth i j
edges of the Pier. `�*'--
• Directly in front of operational lifeguard towers. •�
• Lanes and zones delineated by signs or barriers. �. ' -l = - ` ,
:�� �"ill max'
Amends 13.08.200 - Leaving Objects � � : a ���� ,.
• To include Emergency Access Zones. �
• Adds language to permit removal of items left hung on, _ --Tr .
against, or upon any lifeguard station, municipal structure,
or within an Emergency Services Access Zone, without
authorization.
Adds 13.08.215 - Obstructing Emergency Access Zones
• Prohibits obstructing the emergency access zone.
• Requires warning prior to enforcement for obstructing an emergency access zone.
239
Amends 13.08.270 - Noise
f '
• Removes language prohibiting noise, "at such volume as
unreasonably to disturb the peace, quiet and comfort of Persons
who are not voluntary listeners thereto, after having been warned."
• Adds "which sound is plainly audible fifty feet from the source of ° 4 °�r. � _ —
the noise, after having been warned." _
• Creates an exemption for permitted activities and public safety 8
personnel engaged in the performance of their duties. %r
S �� �,
Amends 13.08.051 - Tents and Canopies r " ` 1 .
• Requires canopies to have two sides completely open to public view. _ _ , ,� 7i�,,�1 -� �i
• Prohibits tents in excess of 100 square feet. Example of 50 ft radius
Adds 13.08.305 - Public Restrooms
• Prohibits blocking, obstructing, or preventing free access to public restrooms and washrooms.
• Prohibits sleeping, loitering, bathing, camping, storing property, or habituating in a public restroom.
Amends 13.08.020 - Defacing, Injuring, and/or Destroying Public Property
��\AGb0N s
• Adds "Injuring" to the title. � 1
• Adds "affix items to", to the list of what constitutes a violation of this section. T —may
• Adds showers, trashcans, and vegetation to the list of property covered by this section.
POLICE
240
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TiNcr 2000 Main Street,
, �°F� „:4^.tr Huntington Beach,CA
"� 92648
Cityof Huntington Beach qqg g APPROVED FOR INTRODUCTION
9 $ .
f cam`, 7-0
couN
File#: 24-230 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. Brian Smith and Ingrid Ono, Executive Assistant •
Subject:
Approve for introduction Ordinance No. 4319 amending Huntington Beach Municipal Code
(HBMC) Chapter 13.08 related to activities on Huntington City Beach and in the Beach Activity
Zone, and making a finding of exemption under CEQA
Statement of Issue:
Staff recommends amending Municipal Code Section 13.08 (Beach Regulations) to: establish
Emergency Services Access Zones on the beach to allow for unhindered access by public safety
personnel in the performance of their duties; and clarify a standard of disruptive noise, prohibited
uses of public restrooms, the injuring of public property, and allowable tents and canopies at the
beach.
Financial Impact:
There is no financial impact.
Recommended Action:
Approve for introduction Ordinance No. 4319 "An Ordinance of the City Council of the City of
Huntington Beach Amending the Huntington Beach Municipal Code by Amending Chapter 13.08
Beach Regulations."
Alternative Action(s):
Do not approve, and direct staff accordingly.
Analysis:
HBMC 13.08 (Beach Regulations) does not give public safety the authority to establish Emergency
Access Zones within the City Beach for unhindered access by public safety personnel in the
performance of their duties, which is crucial, especially during large events. Proposed Ordinance No.
4319 establishes the definition of an Emergency Services Access Zone and prohibits leaving objects
City of Huntington Beach Page 1 of 2 Printed on 3/27/2024
powere1 Legistar^"
File #: 24-230 MEETING DATE: 4/2/2024
within or obstructing or blocking an Emergency Services Access Zone. The ordinance also permits
the removal of items left in these zones.
In addition, this Ordinance would change the current Beach noise ordinance from a standard that
requires disturbing one's peace or comfort to a defined distance-based audible level consistent with
other amplified noise related regulations.
Moreover, this ordinance would prohibit using public restrooms for other purposes than they are
designed and prohibit obstructing their use. It also updates language regarding the type and size of
tents and canopies on the beach. Lastly, it clarifies the list of property that is considered public
property and prohibits individuals from "injuring" public property on beaches.
Overall, proposed Ordinance 4319 adds clarity to existing HBMC 13.08 and adds Emergency Access
Zones to facilitate public safety activities when needed.
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.
Attachment(s):
1. Ordinance No. 4319
2. PowerPoint Presentation
City of Huntington Beach Page 2 of 2 Printed on 3/27/2024
powereti3dli LegistarTM'
ORDINANCE NO. 4319
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY AMENDING CHAPTER 13.08 BEACH
REGULATIONS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. That Section 13.08.05 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
13.08.005 Definitions
For the purposes of this chapter,the following terms shall have the respective meanings set
forth herein,unless the context in which they are used clearly indicates to the contrary:
"Adjacent Beach Area" includes that strip of land owned and/or operated by the City of
Huntington Beach, south of Anderson St., lying between Pacific Coast Highway and the mean
high tide line of the Pacific Ocean. "Beach" also includes that portion of the State Beach(Bolsa
Chica)which the City operates pursuant to an operating agreement with the State of California.
The "Adjacent Beach Area" includes the Beach Service Road, the Pier, the Pier Plaza, walkways,
guardrails,hills,raised banks, structures and Beach Parking Lots. The "Adjacent Beach Area"
extends from the mean high tide line of the Pacific Ocean to the west curb line of Pacific Coast
Highway from Warner Avenue to the Santa Ana River and the mean high tide line of the Pacific
Ocean to the west residential property lines of South Pacific Avenue from Warner Avenue to
Anderson Street. Unless otherwise specifically referenced, this definition shall only apply to this
section of the Huntington Beach Municipal Code.
"Alcoholic Beverage" includes alcohol, spirits, liquor,wine,beer and every liquid or solid
containing alcohol, spirits, 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.
"Beach" includes that strip of land owned and/or operated by the City of Huntington Beach,
south of Warner Avenue, lying between Pacific Coast Highway and the mean high tide line of
the Pacific Ocean. "Beach" also includes that portion of the State Beach(Bolsa Chica) which the
City operates pursuant to an operating agreement with the State of California. "Beach" also
includes that strip of land owned, controlled and/or operated by the City of Huntington Beach
lying from and including Anderson Street to the north, Warner Avenue to the south, the mean
high tide line of the Pacific Ocean and the west legal property line of adjoining residential
properties which are on South Pacific Avenue, excluding the street appendages that extend west
of South Pacific Avenue.
"Beach Parking Lot" means roads, driveways or parking area to service the Beach, Pier or Pier
Plaza, excluding those areas located on a street or highway.
23-12895/33435 228
ORDINANCE NO. 4319
"Beach Service Road" means the paved roadway on the Beach that extends from Beach
• Boulevard to Sea-point Avenue running parallel to Pacific Coast Highway nearest to the
shoreline of the Pacific Ocean.
"Director" refers to the Director of the Community & Library Services Department and/or his
or her designee.
"Emergency Services Access Zone"includes the Beach Service Road,the driveway between
lifeguard headquarters and the service road, all public stairways, sidewalks, walkways,pedestrian
access ramps,the area of Pier Plaza located between prolongation lines from the outer-most edges
of the Municipal Pier, a fourteen-foot wide pathway, seven-feet to each side of the centerline of
the Municipal Pier's deck;the area directly in front of any operational lifeguard tower to the
waterline,and any areas, lanes or zones on the Beach delineated by signs or barriers, including
temporary measures,to permit unobstructed access by emergency vehicles and emergency service
personnel.
"Occupied" means used for the purpose of protecting human beings from wind, sun, rain or
public view.
"Pacific Ocean" includes all waters of the Pacific Ocean to a point three miles out from the
mean high tide line,parallel to the three miles out from the Beach whether or not the lands lying
under said tidal waters are privately owned or publicly owned including but not limited to the
Water Activity Zone.
"Person" means any individual, firm, copartnership,joint venture, association, social club,
fraternal organization, corporation or any other group or combination, acting as a unit.
"Pier" means the appurtenance beginning at the intersection of Pacific Coast Highway and Main
Street on the Beach, which is a platform extending into the Pacific Ocean and supported by piles
or pillars.
"Pier Plaza" means the developed area on the Beach immediately north and south adjacent to
the Pier bounded by Pacific Coast Highway and the Beach Parking Lots adjacent thereto.
"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,
weed, plant, or any other combustible substance. 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, weed, plant, or any other combustible
substance.
"Water Activity Zone" means the area that extends 1,000 feet seaward into the Pacific Ocean
from the mean high tide line.
"Wheeled Conveyance" shall include, but not be limited to, automobiles, bicycles, skateboards,
rollerblades, rollerskates, and strollers.
2
229
ORDINANCE NO. 4319
SECTION 2. That Section 13.08.020 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
13.08.020 Defacing,Injuring, and/or Destroying Public Property
No Person shall cut, carve, hack, remove, deface, affix item or object to, or otherwise injure any
fence, post, toilet, lavatory, restroom, building, shower, vegetation, trash can, sign or other
structure, at or on the Beach,Adjacent Beach Area, Pier or Pier Plaza,or to place writing upon the
interior or exterior of any fence,post,toilet,lavatory,restroom,building, shower,vegetation,trash
can, sign or other structure therein, any initial, name writing,printing, drawing or vulgar, profane
or obscene word or picture.
SECTION 3. That Section 13.08.051 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
A. No Person shall erect, maintain or occupy any tent or canopy in excess of 100 square
feet, or any tent or canopy without at least two sides completely open to public view, on the
Beach or Adjacent Beach Area, as described in Section 13.08.005(B), except by permit issued by
the Director.
B. No Person shall erect, maintain or occupy any canopy or tent in the Beach Parking
Lot, Beach Service Road, Pier or Pier Plaza except by permit issued by the Director.
SECTION 4. That Section 13.08.200 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
A. No Person shall place, lay, store, hang or cause to be placed, laid, stored, or cause to
be hung any object on, against, or upon any lifeguard station or municipal structure, or within an
Emergency Services Access Zone, except by permit issued by the Director.
B. Property left in violation of this section may be impounded by any on-duty City
employee acting in the scope of their duties. Any impounded items will be kept by the Police
Department or Marine Safety Division for at least 90 days. After 90 days the property will be
considered abandoned and may be disposed of by the City.
Impounded personal property may be disposed of immediately if there is a cause to
reasonably believe that the property is:
1. Perishable;
2. Contaminated with feces, urine or bodily fluid;
3. Infested with insects;
4. Contaminated with mold or mildew;
5. Intentionally discarded;
6. An immediate threat to public health or safety.
SECTION 5. That Section 13.08.215 of the Huntington Beach Municipal Code is hereby
added to read as follows:
3
230
ORDINANCE NO. 4319
13.08.215 Obstructing Emergency Access Zone
Following notice by posted sign or verbal warning,no person may obstruct or block access or use
of the Emergency Access Zone by emergency vehicles and emergency service personnel. Any
person sitting, laying,playing, or loitering will be considered to be obstructing the Emergency
Access.
SECTION 6. That Section 13.08.270 of the Huntington Beach Municipal Code is hereby
amended to read as follows:
A. No Person shall play, use or operate, or permit to be played, used or operated, any
instrument, machine or device, for producing, or reproducing, or amplifying sound, upon the
Beach or Adjacent Beach Area, at such a volume which sound is plainly audible at fifty feet,
after having been warned.
B. Activities conducted by public safety personnel engaged in the performance of
their duties, and those conducted with a permit issued by the Director authorizing such noise, are
exempt from this section.
C. Nothing in this section is meant to prevent individuals from engaging in free-
speech activities.
SECTION 7. That Section 13.08.350 of the Huntington Beach Municipal Code is hereby
added to read as follows:
13.08.305 Public Restrooms
A. No person shall block,obstruct, or prevent free access to the entrance or exit to any
restroom,washroom, shower, or building open to the public.
B. Public restrooms shall not be used for sleeping,loitering, bathing,camping, storage
or habitation.
SECTION 8. That this Ordinance shall become effective thirty (30) days after its
adoption.
4
231
ORDINANCE NO. 4319
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
REVIEWED AND APPROVED: APPROVED AS ORM:
(LICity Manager it Attorney
INITIATED AND APPROVED: ATTEST:
Chief of Police City Clerk
5
232
LEGISLATIVE DRAFT
HBMC CHAPTER 13.08
Chapter 13.08
13.08.005 Definitions
For the purposes of this chapter, the following terms shall have the respective meanings set forth
herein, unless the context in which they are used clearly indicates to the contrary:
"Adjacent Beach Area" includes that strip of land owned and/or operated by the City of
Huntington Beach, south of Anderson St., lying between Pacific Coast Highway and the mean
high tide line of the Pacific Ocean. "Beach" also includes that portion of the State Beach(Bolsa
Chica)which the City operates pursuant to an operating agreement with the State of California.
The "Adjacent Beach Area" includes the Beach Service Road,the Pier,the Pier Plaza, walkways,
guardrails, hills,raised banks, structures and Beach Parking Lots. The "Adjacent Beach Area"
extends from the mean high tide line of the Pacific Ocean to the west curb line of Pacific Coast
Highway from Warner Avenue to the Santa Ana River and the mean high tide line of the Pacific
Ocean to the west residential property lines of South Pacific Avenue from Warner Avenue to
Anderson Street. Unless otherwise specifically referenced,this definition shall only apply to this
section of the Huntington Beach Municipal Code.
"Alcoholic Beverage" includes alcohol, spirits, liquor,wine, beer and every liquid or solid
containing alcohol, spirits,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.
"Beach" includes that strip of land owned and/or operated by the City of Huntington Beach,
south of Warner Avenue, lying between Pacific Coast Highway and the mean high tide line of
the Pacific Ocean. "Beach" also includes that portion of the State Beach(Bolsa Chica)which the
City operates pursuant to an operating agreement with the State of California. "Beach" also
includes that strip of land owned, controlled and/or operated by the City of Huntington Beach
lying from and including Anderson Street to the north, Warner Avenue to the south,the mean
high tide line of the Pacific Ocean and the west legal property line of adjoining residential
properties which are on South Pacific Avenue, excluding the street appendages that extend west
of South Pacific Avenue.
"Beach Parking Lot" means roads, driveways or parking area to service the Beach, Pier or Pier
Plaza, excluding those areas located on a street or highway.
"Beach Service Road" means the paved roadway on the Beach that extends from Beach
Boulevard to Sea-point Avenue running parallel to Pacific Coast Highway nearest to the
shoreline of the Pacific Ocean.
"Director" refers to the Director of the Community& Library Services Department and/or his
or her designee.
"Emergency Services Access Zone" includes the Beach Service Road,the driveway between
lifeguard headquarters and the service road, all public stairways, sidewalks, walkways.
pedestrian access ramps,the area of Pier Plaza located between prolongation lines from the
outer-most edges of the Municipal Pier, a fourteen-foot wide pathway, seven feet to each side of
the centerline of the Municipal Pier's deck;the area directly in front of any operational lifeguard
tower to the waterline, and any areas, lanes or zones on the Beach delineated by signs and
barriers, including temporary measures,to permit unobstructed access by emergency vehicles
and emergency service personnel.
"Occupied" means used for the purpose of protecting human beings from wind, sun,rain or
public view.
"Pacific Ocean" includes all waters of the Pacific Ocean to a point three miles out from the
mean high tide line,parallel to the three miles out from the Beach whether or not the lands lying
under said tidal waters are privately owned or publicly owned including but not limited to the
Water Activity Zone.
"Person" means any individual, firm, copartnership,joint venture, association, social club,
fraternal organization, corporation or any other group or combination, acting as a unit.
"Pier" means the appurtenance beginning at the intersection of Pacific Coast Highway and
Main Street on the Beach,which is a platform extending into the Pacific Ocean and supported by
piles or pillars.
"Pier Plaza" means the developed area on the Beach immediately north and south adjacent to
the Pier bounded by Pacific Coast Highway and the Beach Parking Lots adjacent thereto.
"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,
weed,plant, or any other combustible substance. 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, weed,plant, or any other combustible
substance.
"Water Activity Zone" means the area that extends 1,000 feet seaward into the Pacific Ocean
from the mean high tide line.
"Wheeled Conveyance" shall include,but not be limited to, automobiles,bicycles,
skateboards,rollerblades, rollerskates, and strollers.
13.08.020 Defacing,jniurvina.and/or Destroying Public Property
No Person shall cut, carve, hack, remove, deface, affix item or object to, or otherwise injure any
fence, post, toilet, lavatory, restroom, building, shower, vegetation, trash can, sign or other
structure,at or on the Beach,Adjacent Beach Area,Pier or Pier Plaza,or to place writing upon the
interior or exterior of any fence,post,toilet,lavatory,restroom,building,shower,vegetation,trash
can, sign or other structure therein, any initial,name writing,printing, drawing or vulgar,profane
or obscene word or picture.
13.08.051 Tents and Canopies
A. No Person shall erect,maintain or occupy any tent or canopy in excess of 100 square feet,
or any tent or canopy without at least two sides completely open to public view, on the Beach or
Adjacent Beach Area, as described in Section 13.08.005(B), except by permit issued by the
Director.
B. No Person shall erect,maintain or occupy any canopy or tent in the Beach Parking Lot,Beach
Service Road, Pier or Pier Plaza except by permit issued by the Director.
13.08.200 Leaving Objects
(A)No Person shall place, lay, store,hang or cause to be placed, laid, stored, or cause to be hung
any object on, against, or upon any lifeguard station or municipal structure, or within an
Emergency Services Access Zone,except by permit issued by the Director.
(B)Property left in violation of this section may be impounded femeved by any on-duty City
employee acting in the scope of their duties. Any impounded removed items will be kept by the
Police Department or Marine Safety Division for 390 days. After 390 days the property will be
considered abandoned and may be disposed of by the City.
Impounded personal property may be disposed of immediately if there is a cause to reasonably
believe that the property is:
1. Perishable.,
2. Contaminated with feces,urine or bodily fluid;
3. Infested with insects
4. Contaminated with mold or mildew;
5. Intentionally discarded.,
6. An immediate threat to public health or safety
13.08.215 Obstructing Emergency Access Zone
Following notice by posted sign or verbal warning,no person may obstruct or block access or use
of the Emergency Access Zone by emergency vehicles and emergency service personnel. Any
rson sitting laying,playing, or loitering will be considered to be obstructing the Emergency
Access Zone.
13.08.270 Noise
A No Person shall play,use or operate, or permit to be played,used or operated, any
instrument,machine or device, for producing}OF reproducing, or amplifying sound,upon the
Beach or Adjacent Beach Area,a sh-aw e-as easenably to disturb the peaeer quiet-and
eeffifert-ef o „t. ol. ntary ,:sto o s tho et„ fte,.having bee., warned which
sound is plainly audible fifty feet from the source of the noise.
B. Activities conducted by public safety personnel engaged in the performance of their
duties, and those conducted with a permit issued by the Director authorizing such noise, are
exempt from this section.
C. Nothing in this sections is meant to prevent individuals from eneaeina in free-speech
activities.
13.08.305 Public Restrooms
A. No person shall block,obstruct, or prevent free access to the entrance or exit to any
restroom,washroom, shower, or building open to the public.
B. Public restrooms shall not be used for sleeping, loitering, bathing, camping, storage,or
habitation.
Ordinance No . 4319
sr � Changes to Huntington Beach
los.,' Municipal Code Section 13.08
"—' April 2, 2024:iizi,:tzLipz,..,
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Adds definition of Emergency Services Access Zone to 13.08.05
To include the following areas:
6 -
• The Beach Service Road.
• All public stairways, sidewalks, access ramps. ,
• A 14-foot-wide pathway down the center of the pier. A � � j� �401 `
• The area in Pier Plaza located between the outer most ' f \,',, �r
edges of the Pier. z i
• Directly in front of operational lifeguard towers. ; i . !Ail,
• Lanes and zones delineated by signs or barriers. WI tp
d' g rI t
Amends 13.08.200 — LeavingObjects W
;,
• To include Emergency Access Zones. , ,
• Adds language to permit removal of items left hung on, ;
against, or upon any lifeguard station, municipal structure,
or within an Emergency Services Access Zone, without
authorization.
Adds 13.08.215 — Obstructing Emergency Access Zones
• Prohibits obstructing the emergency access zone.
• Requires warning prior to enforcement for obstructing an emergency access zone.
143
Amends 13.08.270 - Noise
• Removes language prohibiting noise, "at such volume as
unreasonably to disturb the peace, quiet and comfort of Persons )
..s _._ j
who are not voluntary listeners thereto, after having been warned."
• Adds "which sound is plainly audible fifty feet from the source of
the noise, after having been warned"
• Creates an exemption for permitted activities and public safety
personnel engaged in the performance of their duties. t _
-41
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Amends 13.08.051 — Tents and Canopies
F `
• Requires canopies to have two sides completely open to public view. 4,40r�
• Prohibits tents in excess of 100 square feet. Example of 50 ft radius
Adds 13.08.305 — Public Restrooms
• Prohibits blocking, obstructing, or preventing free access to public restrooms and washrooms.
• Prohibits sleeping, loitering, bathing, camping, storing property, or habituating in a public restroom.
Amends 13.08.020 — Defacing, Injuring, and/or Destroying Public Property ��GTON 1(kk
• Adds "Injuring" to the title.
• Adds "affix items to", to the list of what constitutes a violation of this section.
• Adds showers, trashcans, and vegetation to the list of property covered by this section. - --
POLICE
144
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145
From: Fikes.Cathy
To: Agenda Alerts
Subject: RN: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 multiple aaenda items suonart.nobt
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
714anniepPgmail.com - email
310.982.8263 - ph/txt
SUPPLEMENTAL
COMMUNICATION
4/2/2024
Meeting Date:
11 (24-230)
Agenda Item No.;_
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HBCC 4.02.24 Easter A Palmer
Easter Tuesday Multiple Agenda Items
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its
SUPPORT
4 #7) 24-227 : Community Parent-Guardian
110.- Review Board
WHY?
• Archetype of Participatory Government — a leading
40.
principle of Local Governance
• 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
10*
•
SUPPORT
#8) 24-146 : Weeds and Rubbish =
Public Nuisance
:7 ' WHY .
• 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
Multiple Agenda Items
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SUPPORT
rt" + # 11 ) 24-230 : Beach Activity Zone Code
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WHY?
- ,........, ■ Clarifies code and reduces ambiguities
0. 40. ■ Assists in enforcement: Rescue, Law
A • Ensures access for other City Services
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• Improves Public Health and Safety of specific area - , _
• Preserves infrastructure and other community
investments
HBCC 4.02.24 A Palmer
Multiple Agenda Items
*it
SUPPORT
#8) 24-215 : Ordinance No . 4317 related to
Use of Law Enforcement/ Loud Activities
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 Tuesda. ,..,
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y Multiple Agenda Items
From: )onathan Markovitz
To: CITY COUNCIL(INCL.CMO STAFF1;suoolementalcomm(alsurfcity-hb.orq
Subject: ACLU opposition to Ordinance No.4319
Date: Monday,April 15,2024 8:32:52 AM
Attachments: 2024 04 15 ACLU letter to HB City Council on Amplification Ordinance.odf
Dear Members of the Huntington Beach City Council:
Please see the attached letter opposing Ordinance No. 4319,which you will vote on as agenda item
# 16 at Tuesday's City Council meeting.
Sincerely,
Jonathan Markovitz
Free Expression and Access to Government Staff Attorney
he/him/his
ACLU of Southern California
1313 W 8th Street, Suite 200
Los Angeles, CA 90017
(o)213.977.5244
aclusocal.org II instagram II facebook twitter
ACLU SoCal: STAND FOR JUSTICE
Download our mobile app at mobilejusticeca.ora
THIS MESSAGE IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED
AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,CONFIDENTIAL AND EXEMPT FROM DISCLOSURE
UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT OR THE
EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT,YOU ARE
HEREBY NOTIFIED THAT ANY DISSEMINATION,DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS
STRICTLY PROHIBITED.
SUPPLEMENTAL
COMMUNICATION
4/16/2024
Meeting Date:
16 (24-263)
Agenda Item No.;
ACLU
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION
Southern California
Sent via email
April 15, 2024
Honorable Members of the City Council
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
SupplementalComm@Surfcity-hb.org
City.Council@surfcity-hb.org
Re: April 16,2024 City Council Agenda, Item No. 16
Opposition to Adoption of Ordinance No. 4319
Dear Members of the Huntington Beach City Council:
The American Civil Liberties Union of Southern California opposes Ordinance No. 4319,
which was approved for introduction at the April 2, 2024 City Council meeting and is scheduled
to be voted on as Agenda Item No. 16 on the April 16, 2024 City Council meeting because it will
likely violate the First Amendment of the United States Constitution and the Liberty of Speech
Clause of the California Constitution. If adopted, Section 6(A) of Ordinance No. 4319 would
amend Section 13.08.270 of the Huntington Beach Municipal Code to prohibit the use or
operation of any instrument, machine or device that produces, reproduces, or amplifies"sound,
upon the Beach or Adjacent Beach Area, at such a volume which sound is plainly audible at fifty
feet, after having been warned." Because even the smallest and least powerful commercially
available bullhorns and amplifiers produce sound that can be heard fifty feet away even when
turned to the lowest volume setting, Section 6(A) would impose a nearly complete prohibition on
amplified sound, effectively banning myriad forms of constitutionally protected speech and
expression. The limited exceptions provided by Section 6(B) of the Ordinance for sound
produced by public safety personnel engaged in the performance of their duties and for activities
conducted with a permit do not adequately protect the public's constitutional rights.
I understand that, because Section 6(A) allows the use of amplifiers so long as they
cannot be heard beyond a 50-foot radius, it might look, or sound, like a fairly benign measure
that strikes the appropriate balance between allowing free expression that is dependent on
amplification, and the desire to protect the public from needless exposure to excessive noise
pollution. In practice, however,the Ordinance would prevent members of the public from
employing virtually any type of amplified sound.
EXECUTIVE DIRECTOR Hector 0.Villagra
CHAIR Stacy Horth-Neubert VICE CHAIR Rob Hennig
CHAIRS EMERITI Michele Goodwin Marla Stone Shari Leinwand Stephen Rohde Danny Goldberg Allan K.Jonas' Burt Lancaster" Irving
Lichtenstein,MD' Jan Mohn Laurie Ostrow" Stanley K.Sheinbaum'
'deceased
ORANGE COUNTY OFFICE•765 THE CITY DRIVE,SUITE 360•ORANGE, CA 92868•T 714.450.3962•F 714.583.8046•ACLUSOCAL.ORG
Huntington Beach City Council
April 15, 2024 Page 2
Several years ago, a sound engineer prepared an expert report for a case the ACLU was
litigating involving noise levels in and around the Crowne Plaza Hotel at Los Angeles
International Airport, an area that is likely at least as noisy as the beach and adjacent areas. After
taking measurements of the area around the hotel to determine the ambient noise level and
testing a variety of sound amplification systems,the sound engineer determined that it was not
possible to speak into a single 35 watt bullhorn using a normal voice, or to play a musical
instrument plugged into a 15 watt portable amplifier with all of the amplification instruments set
to their lowest volume level above zero,and be inaudible 200 feet away. The beach and adjacent
areas are unlikely to have as much ambient sound as the area surrounding an open plaza at an
LAX hotel. But even if there is considerably more ambient sound at the beach than there is at the
airport, it is extremely unlikely that a low power amplifier set to the lowest volume would be
inaudible at a distance of 50 feet at the beach if the same amplifier set to the same setting would
be heard at a distance at 200 feet at the airport hotel. A prohibition against the use of amplified
sound that can be heard beyond a fifty-foot radius is,therefore,really a prohibition against any
use of amplified sound.'
First Amendment protections are"nowhere stronger than in streets and parks"where
they"reach their zenith."Berger v. City of Seattle, 569 F.3d 1029 (9th Cir. 2009). Public parks
like Huntington State Beach are"especially important locales for communication among the
citizenry,as they have immemorially been held in trust for the use of the public and,time out of
mind,have been used for purposes of assembly, communicating thoughts between citizens, and
discussing public questions."2 Id. at 1036 (citations and internal quotation marks omitted). The
City may not prohibit all, or almost all,non-permitted sound amplification at the beach or
adjacent areas because such a prohibition is not narrowly tailored and does not leave open
sufficient channels for communication. "Loud-speakers are today indispensable instruments of
effective public speech."Saia v. People of State of New York, 334 U.S. 558, 561 (1948);see also
United Farm Workers Org. Comm.,AFL-CIO v. Superior Ct., 254 Cal.App.2d 768, 722(1967)
("[T]he absolute prohibition of amplified speech . . . is a violation of the rights granted by the
first amendment. . .the right to communicate includes mechanical amplification."). Cities may
regulate excessive noise"by regulating decibels,"but"[a]ny abuses which loud-speakers create
can be controlled by narrowly drawn statutes"rather than blanket prohibitions.Saia, 334 U.S.. at
562.
'To provide some sense of the impossibility of using any amplification system and ensuring that it could not be
heard beyond a fifty-foot radius,consider that one court struck down a rule prohibiting"unreasonable noise"that
could be heard twenty-five feet from its source because of expert findings demonstrating"the decibel level of speech
that would comply with the 25 foot rule was often lower than the decibel level generated by the foot steps of a
person in high heeled boots,conversation among several people,the opening and closing of a door,the sounds of a
small child playing on the playground,or the ring of a cell phone."Deegan v. City of Ithaca,444 F.3d 135, 143(2d
Cir.2006).A fifty-foot radius is,admittedly,larger than a twenty-five foot radius,but if even a person's non-
amplified footsteps could be heard within a twenty-five foot radius,any sound that travels through an amplifier
would surely be heard beyond a fifty-foot radius.
2 Huntington State Beach is a California State Park.See California Department of Parks and Recreation page on
Huntington State Beach at https://www.parks.ca.gov/?page id=643.The Ordinance defines"Beach"as including
portions of the State Beach.Ordinance 4319,Section 13.08.005.Generally,beaches that are open to the public and
that do not have restrictive covenants,like the Huntington Beach beaches regulated by the Ordinance,are treated as
traditional public fora,like streets and parks,for First Amendment purposes.See Wright v.Incline Vill. Gen.
Improvement Dist.,665 F.3d 1128, 1137(9th Cir.2011),Naturist Soc'y,Inc. v. Fillyaw,958 F.2d 1515, 1522-23
(11th Cir.1992);Paulsen v.Lehman,839 F.Supp. 147, 158-61 (E.D.N.Y.1993).
AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF SOUTHERN CALIFORNIA
Huntington Beach City Council
April 15, 2024 Page 3
Nor may the City require speakers or performers to obtain a permit before using any
amplifier including hand held bullhorns or very small plug in amps. If the speakers or performers
were expected to draw large crowds, or were so large that they created significant safety or
traffic flow issues,there might be legitimate safety concerns that could justify a permit
requirement. But there can be no such expectation for most speakers or performers who use only
small amplification devices.See, e.g., Long Beach Area Peace Network v. City of Long Beach,
574 F.3d 1011, 1034 (9th Cir. 2009)(the constitutionality of a permit requirement for a group of
seventy-five people in an open space was a"close question,"but"[a]dvance notice and
permitting requirements applicable to smaller groups would likely be unconstitutional,unless
such uses implicated other significant governmental interests, or where the public space in
question was so small that even a relatively small number of people could pose a problem of
regulating competing uses."); Berger, 569 F.3d at 1093 n.7("an otherwise valid,general permit
requirement applicable to large groups could be applied to street performers,but only if the
crowd attracted is in fact large enough to reach the minimum crowd size covered by that valid
requirement.");see also Rosen v. Port of Portland, 641 F.2d 1243, 1247 (9th Cir. 1981)("We
find the requirement of advance registration as a condition to peaceful pamphleteering,picketing,
or communicating with the public to be unconstitutional. The United States Supreme Court held
more than thirty-five years ago that persons desiring to exercise their free speech rights may not
be required to give advance notice to the state.")(citing Thomas v. Collins, 323 U.S. 516 (1944);
Grossman v. City of Portland, 33 F.3d 1200, 1206 (9th Cir. 1994) ("advance notice provisions . .
. drastically burden free speech.Both the procedural hurdle of filling out and submitting a
written application,and the temporal hurdle of waiting for the permit to be granted may
discourage potential speakers.")(citations and internal quotation marks omitted). The City lacks
any compelling need that could begin to justify imposing such a drastic burden on the public's
free speech rights.
For all these reasons, Section 6(A)of Ordinance No. 4319 is likely unconstitutional. I
therefore urge the Council not to adopt the Ordinance and expose the City to an unnecessary risk
of litigation. If you would like to discuss this,please do not hesitate to contact me at
jmarkovitzna,aclusocal.org.
Sincerely,
Jonatan Markovitz
Free Expression and Access to
Government Staff Attorney
AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF SOUTHERN CALIFORNIA