HomeMy WebLinkAboutOrdinance #4349 ORDINANCE NO. 4349
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY ADDING NEW CHAPTER 2.102 THERETO ENTITLED
"PUBLIC PARTICIPATION AND DISRUPTIVE BEHAVIOR"
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. That Title 2 Administration and Personnel of the Huntington Beach
Municipal Code is hereby amended by adding new Chapter 2.102 thereto entitled "Public
Participation and Disruptive Behavior"to read as follows:
Chapter 2.102 Public Participation and Disruptive Behavior
Section 2.102.010 Findings.
Section 2.102.020 Purpose and Authority.
Section 2.102.030 Applicability.
Section 2.102.040 Standard of Conduct.
Section 2.102.050 Prohibited Conduct.
Section 2.102.060 Enforcement of Audience Decorum.
Section 2.102.070 Violations—Penalty.
Section 2.102.080 Severability.
2.102.010 Findings.
The City Council of the City of Huntington Beach does hereby ordain as follows:
(a) On October 3, 2025, Governor Gavin Newsom signed Senate Bill 707 ("SB
707"), which amended provisions of the Ralph M. Brown Act (Government Code section 54950
et seq.) governing teleconferenced meetings, remote public participation, technology disruptions,
and public meeting procedures.
(b) Additional teleconferencing and remote participation provisions required by SB
707 will become operative on July 1, 2026, and that adoption of this Chapter prior to that date is
necessary to ensure that the City, its legislative bodies, and City staff establish uniform
procedures and operational protocols necessary to comply with the Brown Act before such
provisions become operative.
(c) SB 707 requires the City to adopt and implement clear procedures governing
remote participation, technology disruptions, public comment, meeting decorum, and
enforcement of rules necessary to preserve the orderly conduct of meetings while protecting the
public's statutory and constitutional rights. Accordingly, the adoption of this Chapter is
necessary to ensure compliance with the Brown Act by establishing uniform procedures
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applicable to meetings of the City Council and all legislative bodies of the City that are required
to provide remote public access or are otherwise required by law to provide remote participation.
2.102.020 Purpose and Authority.
(a) Authority. This Chapter is adopted pursuant to Article XI of the California
Constitution, the Charter of the City of Huntington Beach, the Ralph M. Brown Act (Gov. Code
§ 54950 et seq.), including Government Code Section 54957.9 and SB 707, to establish
reasonable regulations governing public participation, meeting decorum, remote participation,
and procedures necessary to address disruptive conduct and technology disruptions occurring
during public meetings.
(b) Purpose. This Chapter establishes uniform procedures for addressing disruptive
behavior by members of the public in both in-person and remote meeting environments and is
intended to (i) preserve the ability of the legislative body to conduct its business in an orderly
manner; (ii) protect the rights of all members of the public to observe and participate in meetings
without unreasonable interference; and (iii) ensure that any limitations on public participation are
content-neutral, narrowly tailored, and consistent with applicable law.
2.102.030 Applicability
(a) Applicability. This Chapter applies to all public meetings of any legislative body
of the City of Huntington Beach.
(b) Scope. This Chapter governs the conduct of members of the public attending or
participating in such meetings, whether physically present or participating through remote access
services, and further governs the procedures and responsibilities of City officials, staff, and
agents in administering, enforcing, and complying with applicable laws governing public
meetings. The scope is intended to codify requirements that members of the public comply with
the reasonable time, place, and manner procedures established by this Chapter for the orderly
conduct of meetings; however, the scope will be applied in a manner that doesn't limit the right
to provide public comment in violation of applicable law.
(c) Consistency with Other Laws. This Chapter shall be interpreted consistent with
the City Charter, Brown Act, including Government Code Section 54957.9, SB 707, and
applicable constitutional protections. In the event of any conflict between this Chapter and any
rules of procedure adopted by a board, commission, or committee of the City, the provisions of
this Chapter shall control to the extent necessary to ensure compliance with the Brown Act and
applicable constitutional requirements.
2.102.040 Standard of Conduct.
(a) Decorum Standards, Disruptive Conduct Prohibited. All persons participating in a
City Council meeting, or meeting of any other legislative body, in-person or remotely, shall do
so with decorum and in a civil manner that promotes the free exchange of ideas and encourages
public participation. Any person who engages in behavior that is disruptive, meaning actually
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disrupts, disturbs, or otherwise impedes the orderly conduct of any applicable meeting may result
in further enforcement action such as being barred from further participation or restricted
participation during the remainder of that meeting or removal. Disruptive behavior is behavior
that actually interferes with the orderly conduct of the meeting or the ability of the legislative
body to conduct its business, or the ability of the public to observe or participate.
(b) Remote Participation. For meetings in which remote participation is available,
members of the public may observe and address the legislative body through the designated
telephonic or audiovisual platform as set forth by Resolution. Persons participating in any
applicable meeting from a remote location shall conduct themselves in accordance with the same
decorum standards required of all in-person participants, and as set forth in existing law and this
Chapter. Any remote participant who engages in behavior that is disruptive, meaning actually
disrupts, disturbs, or otherwise impedes the orderly conduct of any applicable meeting may result
in further enforcement action such as being barred from further participation or restricted
participation during the remainder of that meeting or removal. Disruptive behavior is behavior
that actually interferes with the orderly conduct of the meeting or the ability of the legislative
body to conduct its business, or the ability of the public to observe or participate.
(c) Examples of Disruptive Behavior. Examples of behavior that can actually interfere
(i.e. disrupt, disturb, or otherwise impede) with the orderly conduct of the meeting, the ability of
the legislative body to conduct its business, or the ability of the public to observe or participate
include, but are not limited to, the following objective-based actions which, shall apply to both
in-person and remote participation, to the extent such conduct can occur in the applicable setting:
(1) Speaking Without Recognition/Outside Designated Procedures.
Addressing the legislative body without being recognized, speaking at a time not designated for
public comment, or otherwise failing to follow established procedures for public participation.
(2) Exceeding or Refusing to Yield Time. Continuing to speak after the
allotted time has expired or refusing to relinquish the podium, microphone, or speaking
opportunity when directed.
(3) Interrupting or Interfering with Speakers. Interrupting, speaking over, or
otherwise interfering with a recognized speaker, or preventing a person from addressing the
legislative body during their allotted time.
(4) Improper Direction of Remarks. Directing remarks to the audience rather
than to the legislative body or attempting to engage in dialogue with others outside the
recognized speaking process.
(5) Disruptive Vocal Conduct. Making sustained or repeated noise, including
yelling, shouting, chanting, or using loud, threatening, or abusive language, that interferes with
the ability to hear or conduct the meeting.
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(6) Threatening or Intimidating Conduct. Making statements that constitute a
true threat of violence or engaging in conduct that would cause a reasonable person to fear for
their safety and that interferes with participation in the meeting.
(7) Physical Disruption. Engaging in physical conduct that interferes with the
meeting, including throwing objects, blocking aisles or exits, or entering restricted areas such as
the dais or staff areas without authorization.
(8) Failure to Comply with Lawful Direction. Refusing to comply with a
lawful directive issued by the Mayor, City Clerk, or authorized staff to maintain order, including
directions related to speaking order, time limits, or use of meeting facilities or remote platform
features.
(9) Obstructive Use of Objects, Displays, or Attire. Using signs, banners,
costumes, masks, or other items in a manner that blocks the view of others, obstructs cameras or
recording equipment, or otherwise interferes with the conduct of the meeting.
(10) Improper Use of Devices, Equipment, or Platform Features. Using
amplification devices, alarms, lighting, or electronic equipment, or misusing remote platform
features such as chat, video, reactions, or screen sharing, in a manner that produces sound or
visual interference that disrupts the meeting.
(11) Unmuted or Remote Interference. Failing to mute audio when not
recognized to speak or otherwise creating background noise or technical interference that
disrupts the proceedings.
(12) Bypassing Speaker Procedures. Repeatedly attempting to speak, re-enter
the speaker queue, or otherwise circumvent established procedures for public comment.
(13) Disruptive Expressive Conduct. Clapping, whistling, stomping, sign
waving, or similar expressive conduct that becomes sustained or amplified to the extent that it
interferes with the orderly conduct of the meeting.
(14) Conduct Preventing Orderly Continuation. Engaging in conduct that
prevents the legislative body from proceeding with its agenda or otherwise actually interferes
with the public's ability to hear, observe, or participate in the meeting.
(d) Clarifying Standard. The following examples do not constitute disruptive
behavior, standing alone: (i) expressing criticism of the City, Councilmembers, or staff; (ii)
expressing offensive, harsh, or unpopular viewpoints; or (iii) expressive conduct, including
clapping, brief vocal reactions, or silent protest, that does not actually disrupt the meeting.
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2.102.050 Prohibited Conduct.
The following are some examples of prohibited conduct:
(a) Continued Disruptive Conduct/I3ehavior. Continuing to engage in behavior that
actually interferes (i.e. disrupts, disturbs, or otherwise impedes) the orderly conduct of a City
Council meeting after receiving a warning at that meeting.
(b) Refusal to Leave. Refusing to leave the Council Chambers after being removed
by the Mayor or Presiding Officer from the meeting.
(c) Attempt to Return. Returning to the Council Chambers before the conclusion of a
City Council meeting after being removed or barred from further participation from the
remainder of that meeting.
(d) Attempt to Rejoin Remotely. Rejoining or attempting to rejoin a meeting through
a remote platform after being removed or barred from further participation for the remainder of
that meeting.
2.102.060 Enforcement of Audience Decorum.
(a) Enforcement of Decorum. The rules of audience decorum set forth in this Chapter
shall be enforced in a progressive, content-neutral manner designed to restore and maintain the
orderly conduct of the meeting using the least restrictive means necessary. Except where
immediate action is warranted, enforcement shall generally proceed through a sequence of steps,
including a clear warning to desist, a directive to comply, and, if necessary, further enforcement
action such as restriction of participation, removal, or barring a person from further participation
during the meeting.
(b) Generally. When feasible, a warning shall identify the specific conduct at issue,
state that the conduct is disrupting the meeting, and direct the individual to cease the conduct and
comply with meeting rules. The individual shall be provided with a reasonable opportunity to
comply before further enforcement action is taken.
(1) Enforcement actions under this Section shall be based on conduct and not
on the content or viewpoint of a person's speech.
(2) Nothing in this Section shall be construed to limit the authority of the
Mayor or other presiding officer to take immediate action where necessary to protect public
safety or ensure the orderly conduct of the meeting.
(c) Enforcement Procedure - In-Person Decorum. The rules of conduct for in-person
attendance at meetings of the City Council, and any other applicable legislative body, shall be
enforced in the following manner:
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(1) Warning to Desist. Whenever practicable, the Mayor or other presiding
officer, shall first give a warning to a person to stop the conduct that is actually disrupting,
disturbing, or otherwise impeding the orderly conduct of the meeting. The warning shall, where
feasible, identify the specific conduct, state that the conduct is disrupting the meeting, and direct
the individual to immediately cease the conduct. The warning may also include notice that
failure to comply may result in removal. A warning shall not be required where it would be
ineffective due to extraordinary circumstances, including but not limited to situations in which a
warning would be difficult to hear over the disturbance, situations involving an immediate threat
to public safety, or situations involving a person who, after being warned during that meeting,
again engages in disruptive conduct.
(2) Directive to Comply. The individual shall be provided a reasonable
opportunity to comply. If, after receiving a warning or direction from the Mayor or other
presiding officer, the person persists in violating the rules of decorum, the presiding officer may
again direct the person to cease such conduct.
(3) Order Barring Person from Further Attendance During the Meeting. The
Mayor, the presiding officer, may issue an order removing a person from the remainder of the
meeting if that person, after being warned at that meeting, again engages in conduct that actually
disrupts, disturbs, or otherwise impedes the orderly conduct of the meeting. The basis for the
order, including the warning provided and the continued disruptive conduct, shall be stated on
the record. Such an order may also be issued without a prior warning where extraordinary
circumstances exist such as (i) a true threat of violence; (ii) an immediate risk to public safety; or
(iii) the conduct is so severely disruptive that a warning would be ineffective.
(4) Removal. If a person barred from the remainder of the meeting does not
voluntarily leave the meeting room, the Mayor, the presiding officer, may direct the Sergeant-at-
Arms or law enforcement personnel to remove that person from the meeting room and exclude
that person for the remainder of the meeting. Removal shall be limited to the individual or
individuals responsible for the disruption.
(5) Recess. The Mayor or presiding officer may order a recess at any time for
the purpose of restoring order. The duration of the recess shall be limited to the amount of time
reasonably necessary under the circumstances to address the disruption and restore the orderly
conduct of the meeting. If, upon resumption of the meeting, the disruptive conduct continues, the
Mayor or presiding officer may take further enforcement action in accordance with this Chapter,
including directing the removal of individuals engaged in disruptive conduct or, if necessary,
invoking the procedures set forth in Government Code Section 54957.9 to clear the meeting
room. Nothing in this Section shall be construed to limit the authority of the Mayor or presiding
officer to take immediate action where necessary to protect public safety or ensure the orderly
conduct of the meeting.
(6) Clearing the Room. Pursuant to Government Code Section 54957.9, if a
meeting is interrupted so as to render the orderly conduct of the meeting infeasible and order
cannot be restored by removal of the individuals responsible, the City Council, or other
applicable legislative body, may order the meeting room cleared and continue in session. Prior to
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clearing the room, the Mayor or other presiding officer shall state on the record that: "The
Disruption is preventing the orderly conduct of the meeting and less restrictive measures,
including individual removal, have been ineffective or are impracticable.". The order shall apply
only to the extent necessary and shall not apply to members of the press or media not
participating in the disturbance. Following clearance, the legislative body may continue the
meeting and may, in its discretion, permit readmission of individuals upon a determination that
such individuals will comply with the rules of decorum. To the extent feasible, the City shall
maintain audio or video broadcast of the meeting during any cleared session.
(7) Documentation. The City Clerk or designee shall document in the meeting
record the nature of the disruptive conduct, any warnings given, the individual's response, and
the enforcement action taken.
(d) Enforcement Procedure - Remote Decorum. The rules of conduct for remote
attendance and participation at meetings of the City Council, and any other applicable legislative
body, shall be enforced in the following manner:
(1) Warning to Desist. Whenever practicable, the Mayor, the presiding
officer, or authorized staff shall first give a warning to a remote participant whose conduct is
actually disrupting, disturbing, or otherwise impeding the orderly conduct of the meeting. The
warning shall, where feasible, identify the participant by name or other identifier, describe the
specific disruptive conduct, state that the conduct is interfering with the meeting, and direct the
participant to cease the conduct. The warning may be delivered verbally or through available
platform tools. A warning shall not be required where it would be ineffective due to
extraordinary circumstances, including but not limited to situations involving an immediate
threat to public safety or conduct so disruptive that immediate action is necessary to restore
order.
(2) Directive to Comply. The participant shall be provided a reasonable
opportunity to comply, and staff may assist where feasible; if, after receiving a warning or
direction, the participant persists in violating the rules of decorum, the Mayor, the presiding
officer, or authorized staff may direct the participant to cease such conduct and may take
reasonable steps to ensure compliance.
(3) Restriction of Participation Features. If the participant continues to engage
in disruptive conduct, the Mayor, the presiding officer, or authorized staff may mute the
participant, disable video, restrict chat or other platform features, remove screen-sharing
privileges, place the participant in listen-only mode, or impose other reasonable restrictions
necessary to restore order. To the extent feasible, less restrictive measures shall be used before
removal, including muting the participant, disabling video, restricting chat, or placing the
participant in listen-only mode.
(4) Removal from Remote Platform. If a participant barred from further
participation continues to interfere with the meeting or circumvents platform restrictions, the
Mayor, the presiding officer, may remove that participant from the remote platform for the
remainder of the meeting.
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(5) Recess. The Mayor or presiding officer may order a temporary recess at
any time for the purpose of restoring order in response to disruptive conduct by one or more
remote participants. The duration of the recess shall be limited to the amount of time reasonably
necessary under the circumstances to address the disruption and restore the orderly conduct of
the meeting. During the recess, the Mayor, presiding officer, or authorized staff may take
reasonable steps to address the disruptive conduct, including issuing warnings, muting
participants, restricting participation features, or removing participants in accordance with this
Chapter. If, upon resumption of the meeting, the disruptive conduct continues, the Mayor or
presiding officer may take further enforcement action, including barring the participant from
further participation or removing the participant from the remote platform for the remainder of
the meeting. Nothing in this Section shall be construed to limit the authority of the Mayor or
presiding officer to take immediate action where necessary to protect public safety or ensure the
orderly conduct of the meeting.
(6) Continued Observation Where Practicable. Removal from active remote
participation shall not require complete exclusion from observing the meeting.
(7) Documentation. The City Clerk or designee shall document in the meeting
record the nature of the disruptive conduct, any warnings given, the participant's response, and
the enforcement action taken.
(e) Technology Disruptions Affecting Remote Participation. Nothing in this Section
authorizes the City to continue a meeting in a manner inconsistent with the Brown Act or SB 707
if a broader disruption of telephonic or internet service affects remote public access generally.
Any such disruption affecting remote access, connectivity, or the availability of telephonic or
internet-based participation shall be governed by the City's Technology Disruption Policy as
adopted by Resolution.
(f) Motion to Enforce. Any member of the City Council may request enforcement of
the rules of decorum set forth in this Chapter. The Mayor or presiding officer shall determine the
appropriate enforcement action consistent with this Chapter. In the event the Mayor or presiding
officer fails to act, a member of the City Council may make a motion to enforce the rules of
decorum, including a motion to issue a warning, direct compliance, restrict participation, or
remove a person from the meeting. Such motion shall be decided by a majority vote of the City
Council.
(g) Sergeant-At-Arms. The Chief of Police for the Huntington Beach Police
Department (HBPD) shall assign one or more Sergeant-at-Arms to all meetings of the City
Council. The Chief of Police, or his or her designee, shall carry out all lawful orders and
directions given by the presiding officer, or their designee (with consultation with the City
Manager and City Attorney as needed) for the purpose of maintaining order and decorum at
meetings. The Sergeant-at-Arms is authorized to warn individuals whose conduct violates this
Chapter, request compliance with lawful directives, and, when directed by the presiding officer,
or his or her designee, remove any person from the meeting room who has been barred from
further attendance or who otherwise engages in unlawful or disruptive conduct. Nothing in this
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Section shall be construed to limit the authority of law enforcement personnel to take immediate
action where necessary to protect public safety or enforce applicable laws.
(h) Remote Decorum Enforcement Authority. For meetings in which remote
participation is available, the City Clerk, Information Technology staff, or other authorized City
personnel shall administer and enforce the rules of decorum applicable to remote participation.
Such personnel are authorized to carry out lawful directions of the Mayor, the presiding officer,
or a majority of the City Council for the purpose of maintaining order, including issuing
warnings, managing speaker queues, muting participants, restricting participation features, and
removing participants from the remote platform in accordance with this Chapter.
2.102.070 Violation—Penalty.
(a) Violations of this Chapter shall constitute a misdemeanor punishable as set forth
in Chapter 1.16 of the Huntington Beach Municipal Code.
(b) Any person who willfully disrupts a public meeting so as to render the orderly
conduct of the meeting infeasible may be subject to enforcement under California Penal Code
Section 403. Referral for enforcement may be made where the disruption is intentional and
substantial, the individual refuses to comply with lawful directives, the conduct prevents the
legislative body from continuing its business, or the conduct poses a risk to public safety.
Nothing in this Chapter shall be construed to limit the authority of the Huntington Beach Police
Department to take appropriate action consistent with applicable law.
2.102.080 Severability.
If any provision of this Chapter, or the application thereof to any person or circumstance,
is held invalid, such invalidity shall not affect other provisions or applications of the Chapter that
can be given effect without the invalid provision or application, and to this end the provisions of
this Chapter are severable.
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SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 16th day of June , 2026.
Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Attorney AM/
INITIATED REVIEWED AND APPROVED:
City Manage
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, LISA LANE BARNES, 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 June 2, 2026, and was again read to said City Council
at a Regular meeting thereof held on June 16, 2026, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council.
AYES: Gruel, Kennedy, Twining, McKeon, Burns, Van Der Mark, Williams
NOES: None
ABSENT: None
RECUSED: None
1,Lisa Lane Barnes,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 June 25,2026.
In accordance with the City Charter of said City. r
Lisa Lane Barnes, City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California