For the purposes of this chapter, the following terms shall
have the meanings as set forth herein, unless the context in which
they are used clearly indicates a contrary meaning:
"Alcoholic beverages"
means any and all spirituous, vinous, malt or fermented liquor,
liquids or compounds, whether medicated, proprietary, patented or
not, and by whatever name called, containing one-half of one percent,
or more, of alcohol by volume which are potable or fit as, or which
may be used for beverage purposes.
"City"
means the City of Huntington Beach.
"Director"
means the Director of the Community Services Department or
other person(s) authorized by him or her, pursuant to law, to act
in his or her stead.
"Park"
includes every park recreation center, lake, pond or other
body of water, riding and hiking trail, parking lot and every other
recreation facility owned, managed and/or controlled by the City and
under the jurisdiction of the Director.
"Permission"
means written permission, granted by the Director or his
or her authorized agent.
"Person"
means any individual, firm, partnership, joint venture, association,
social club, fraternal organization, corporation or any other group
acting as a unit.
"Skateboard"
means a board of any material which has wheels attached and
such wheels may be used for moving or propulsion.
"Skateboard park"
means any facility that is designed and maintained for the
purpose of recreational skateboard use.
"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.
"Sound amplifying system"
means and includes any system of electrical hookup or connection,
loudspeaker system or equipment, sound amplifying system and any apparatus,
equipment, device, instrument or machine designed for or intended
to be used for the purpose of amplifying sound or increasing the volume
of the human voice, musical tone, vibration, or sound wave. This definition
shall not apply to the regular and customary use of portable radios,
televisions, record players or tape recorders played or operated in
such places at such times so as not to disturb other persons in their
permitted uses of the park.
(1246-10/66, 2451-11/80, 3181-1/92, 4124-5/17)
For the purpose of this chapter, all park rangers are designated
"limited power peace officers." Such park rangers shall have the authority
to issue citations and/or make arrests for violations of this chapter,
pursuant to Section 836.5 of the California
Penal Code.
(2451-11/80, 2964-10/88)
It is unlawful for any person to do or commit, or for any person
to cause or permit to be done or committed within the boundaries of
any public park within the City of Huntington Beach, any act in the
following sections.
(1026-2/64, 1246-10/66)
No person shall fail or refuse to obey or comply with any notice
or sign, including warning, regulatory and road markings, placed by
order of the Director for the safety or control of persons, vehicles
or animals. No person shall willfully refuse to follow or comply with
any lawful order or direction given by a department employee.
(2451-11/80)
No person shall willfully cut, break, injure, deface, disfigure,
mark or write upon, paint, carve, burn, tamper with, attach rope or
wire to, displace or remove any tree, shrub, plant, turf, rock, sand,
soil, wood, building, fence, table, bench, barbecue unit, pole, light,
playground apparatus, bridge, railing, paving material, fountain,
trash receptacle, waterline or other public utility, part or appurtenance
thereof, sign, notice or placard, whether temporary or permanent,
monument, stake, post or other boundary marker, equipment, tools,
implements, materials, any structure or park facility whatsoever,
either real or personal.
(1026-2/64, 1246-10/66, 2451-11/80)
No person shall fail to cooperate in maintaining public toilets
in a neat and sanitary condition nor shall any person loiter in or
about any public toilet.
(1026-2/64, 1246-10/66, 2303-9/78, 4273-3/23)
No person shall deposit, throw, discharge or otherwise place
any paper, ashes, dirt, bottles, broken glass, cans, trash, litter,
animal carcass, rubbish, debris or any substance, matter or thing,
either liquid or solid in the waters of any fountain, pond, lake,
stream, bay or other body of water in or adjacent to any park or in
or on the grounds of said park except in the proper receptacles where
these are provided; nor shall any person within any park wash eating
or cooking utensils elsewhere than in the sinks provided for such
purposes; nor shall any person bring any such substance, except litter
accumulated in the course of automobile travel, into a City park for
the purpose of disposal thereof in City park facilities. Where receptacles
are not provided, all such rubbish or waste shall be carried from
the park by the person responsible for its presence and properly disposed
of elsewhere.
(434-3/40, 511-5/47, 1026-2/64, 1246-10/66, 2451-11/80)
A. Unattended Vehicles. No person shall operate, drive, ride,
park or leave standing any automobile, truck, motorcycle, motor scooter,
motorized bicycle, go-cart or any other motor vehicle or any other
vehicle at any time in any park; provided, however, that the provisions
of this section shall not apply to those specific areas within any
public park of the City which shall have been regularly and lawfully
set aside for the use of vehicles; and provided further that the provisions
of this section shall not apply to any vehicle used or owned by the
City or any vehicle to which a temporary parking pass has been issued
by the City or any commercial vehicle making lawful deliveries to
or otherwise lawfully engaged in any undertaking or enterprise within
any public park of the City. No person shall park and leave unattended
any vehicle in areas other than those designated for parking. Vehicles
left unattended in any area, except those designated for parking,
without permission, may be towed away and stored by the City and said
removal and storage costs shall be charged to and paid by the owner
prior to release. Nor shall any person ride or drive a bicycle, skateboard
or roller skates upon any tennis, handball, basketball, shuffleboard
or multipurpose court in a City park.
B. Unattended Property. No person shall place personal property
in any area of a public parking lot.
C. Parking Stall Obstruction. No person shall obstruct a vehicular
parking space designated by lines or marks, by standing in such parking
space or by placing any barrier, sawhorse, bicycle, trash can, non-registered
motor vehicle, or other obstruction in such parking space. This section
shall not apply to temporary obstructions erected or maintained by
governmental agencies, public utilities or adjacent property owners
when necessitated by construction activities, or except as authorized
by the Director.
D. Temporary Parking. Upon proof of valid California vehicle
registration, proof of insurance as required by the California Vehicle
Code and proof of a valid driver's license, the operator of a vehicle
may be issued a temporary parking pass by the Director of Community
Services or his or her designated representative. The pass will entitle
the holder to park or operate a vehicle during short-term use of park
facilities. The pass must be displayed at all times on the front dashboard
of the vehicle or in a manner so that it is clearly visible through
the windshield.
E. Single Stall Use. No vehicle shall be parked in any free public
parking lot except entirely within a space indicated by painted lines,
said space commonly referred to as a "parking space," "parking slot,"
or "parking stall," unless exempted by permit or as authorized by
the Director. Nothing in this section shall prohibit recreational
vehicles from parking in paid parking lots, including, but not limited
to, the Sports Complex, with the applicable parking permit authorizing
such use.
F. Head-In Parking. Vehicles shall be parked with the rear of
the vehicle oriented closest to the traffic lane and within the space
indicated unless otherwise specified by signage, or when necessary
to permit access to a vehicle by a vehicle lawfully displaying a disabled
placard or disabled license plates.
(1246-10/66, 2451-11/80, 3373-11/97, 4273-3/23)
No person shall operate any wheeled conveyance of any type in
any park at a speed in excess of 10 miles per hour unless a greater
speed is posted. The maximum speed limit when pedestrians are present
shall be five miles per hour.
(2851-8/86)
No person shall ride, lead or let loose any cattle, horse, mule,
goat, sheep, swine, cat, dog, fowl or animal of any kind in a park
except that it shall not be unlawful to have dogs, physically restrained
by a leash not in excess of six feet, or to ride horses on trails
specifically provided for them. No person shall permit a dog to be
or remain unattended outside a tent, camper or other enclosed vehicle
between the hours of sunset and sunrise. No person shall keep or permit
to remain any dog which is noisy, vicious or dangerous or which disturbs
other persons within the boundaries of a park after such person has
been directed by a park ranger to remove such dog. No person shall
trap, kill, injure, catch or maltreat any wild or domesticated bird
or animal; or destroy, remove or disturb any of the young or eggs
of same, or permit any dog to pursue, trap, kill or wound any wild
or domesticated bird or animal, except that the provisions of this
section shall not apply to City employees regulating animal populations
that have been declared a nuisance or hazard by the Director consistent
with laws protecting such animals.
(434-3/40, 564-10/50, 1026-2/64, 1246-10/66, 2451-11/80,
3715-7/05, 3721-10/05)
Unless specifically authorized by the Director of Community
Services in writing, no person shall feed, disturb or have physical
contact with wildlife on City property.
(4068-9/15)
No person shall maliciously or willfully disturb the peace or
quiet of a park or of any person therein, by loud or unusual noises,
or by indulging in riotous, boisterous, threatening, indecent or offensive
conduct, or by using abusive, profane, indecent or vulgar language.
No person shall, within any park, disturb in any manner any picnic,
meeting, services, concert, exercise or exhibition. No person shall
play or utilize any sound-amplifying system within or upon any park
or facility not set aside for such purpose by the City Council or
the Director.
(434-3/40, 511-5/47, 1026-2/64, 2451-11/80)
No person shall gamble or engage in gambling.
(1246-10/66)
No person shall expose or offer for sale any article or thing
nor shall he or she station or place any stand, cart or vehicle for
the transportation, sale or display of any such article or thing except
by written permission from the Director. No person shall give, set
up or maintain any exhibition, show, performance, concert, lecture,
entertainment or similar activity without written permission to do
so from the Director. No person shall for profit offer sports camps,
sports lessons or other similar activity on park property without
the written permission of the Director.
(434-3/40, 511-3/47, 1026-2/64, 1246-10/66, 2451-11/80,
2824-4/87)
No person shall, within the boundaries of any public park within the City, consume any alcoholic beverage of any kind whatsoever, except when attending a function operating under an alcohol permit issued in accordance with Chapter
9.84 of this Code.
(1026-2/64, 2043-4/76, 2451-11/80, 3768-7/07)
No Person shall Smoke on the Beach or Adjacent Beach Area, Pier
or Pier Plaza or Park unless the Director has designated a specific
signed smoking area.
(4124-5/17)
It is unlawful for any person to take part in or abet the playing
of any activity which endangers the health, safety or welfare of the
participant or any person whomsoever in any park, except on fields
and courts or areas specifically provided for such games or activities
or areas designated for such games and activities by the City Council
or director. Such games and activities shall include, but shall not
be limited to, the following:
A. Baseball,
tackle football, field hockey, rugby, cricket, golf, boxing, wrestling
and the martial arts.
B. Wading,
bathing, swimming, launching any type of boat, raft, air mattress,
surfboard or to be in or on any lake, stream or pond found in a City
park.
C. Flying
any model airplane or helicopter, and launching any model fuel power
boat, provided that this subsection shall not prohibit the launching
of model boats powered by battery or sail.
D. Carrying,
transporting, possessing, discharging, firing or shooting over, onto
or through any park any firearm, air gun, bb gun, spring gun, slingshot,
bow and arrow, crossbow, spear, fireworks, firecracker, rocket, explosive
of any kind or any other form of weapon potentially dangerous to human
beings or wildlife. This subsection shall not apply to law enforcement
officers.
E. Fishing
in any park lake other than those designated by the Director, during
hours which are authorized for such activity.
F. Lighting
or maintaining any fire except in a stove, barbecue grill, fire circle,
portable stove or barbecue grill approved by the Director.
G. Erecting
any barrier, whether string, wire, rope or chain, or placing any obstruction
of any kind across any path, trail or other area accessible to the
public.
H. Engaging
in any other activity which endangers the health and safety of the
public.
I. Operating
any remote or radio controlled model car, truck or vehicle, in locations
where signs are posted prohibiting such activity.
(1246-10/66, 1478-4/69, 1547-1/70, 2451-11/80, 3882-7/10)
A. No
person shall ride a skateboard at any skateboard park owned or operated
by the City whether supervised or not unless that person is wearing
a helmet, elbow pads, and knee pads.
B. The
Director of Community Services shall erect and maintain visible regulatory
signs at all skateboard parks owned and operated by the City that
are not supervised on a regular basis. Such signs shall afford notice
that any person riding a skateboard in the facility must wear a helmet,
elbow pads, and knee pads, and that any person failing to do so will
be subject to citation under Section 8.46.020 of this chapter.
(3181-1/93)
No person shall remain, stay or loiter on or about any such
park between the hours of 10:00 p.m. and 5:00 a.m. of the following
day provided that this section shall not apply to attendance at authorized
community activities in the park. Any park, recreation center or part
or portion thereof may be closed to the public during an emergency,
or when it has been determined by the Director, a park ranger or police
officer that the public health, safety or morals require such action.
Such park, recreation center or part or portion thereof shall not
be reopened except by order of the City Council, City Manager, director,
a park ranger or police officer.
(1246-10/66, 2451-11/80)
No person shall announce, advertise or call the public attention
in any way to any article or service for sale or hire, or paste, glue,
tack or otherwise post any sign, picture, placard, advertisement or
inscription whatever, or distribute any handbill, circular or petition
except by permission from the Director, provided that this section
shall not apply to any concession operating under lease granted by
the City Council.
(1246-10/66, 2451-11/80)
A. Designated Camping Facilities. The following City parks are
hereby designated as camping facilities: Lake Park, Farquhar Park,
Huntington Central Park, and Norma Brandel Gibbs Park. No person shall
use any camping facility for overnight camping purposes without applying
for and obtaining written permission from the Director upon payment
of the required fees established, and amended from time to time, by
resolution of the City Council of the City of Huntington Beach.
B. Camping Regulations. The Director may designate areas within
subject parks for camping and may promulgate reasonable rules and
regulations pertinent to the use of subject parks for camping purposes.
C. Permitted Canopies and Tents. No person shall erect, maintain or occupy any canopy in excess of 100 square feet, or any tent without at least two sides completely open to public view, in any park, as described in Section
13.48.010, except by permit issued by the Director.
D. Camping Fee Required. No person shall use or occupy a camping
facility unless the fee, evidenced by a receipt, has first been paid.
E. Fire. No person shall light, kindle, set or maintain fires
or coals thereon, except in the City-provided fire rings or barbecues,
or in self-contained barbecues or portable stoves, or except by permit
issued by the Director. Disposable heating barbecue materials shall
not be deposited anywhere except within the inside perimeter of the
City-provided fire ring of City-provided barbecues. The heat source
of self-contained barbecues or portable stoves shall not be charcoal-based,
and must be raised at least 18 inches above the surface of the ground.
F. Periods of Extreme Fire Danger. During times of extreme fire
danger, when red-flag conditions are declared by a State, Local, or
Federal fire authority, no open flames shall be permitted in any fire
ring or City-provided barbecue. During these times, only those self-contained
barbecues or portable stoves using canisters of propane, natural gas,
alcohol, isobutane, butane, or similar liquids will be permitted when
operated in compliance with the Huntington Beach Municipal Code specifying
the permitted location of self-contained barbecues.
(2099-9/76, 2451-11/80, 4273-3/23)
Any person violating any provision of this chapter shall, upon
conviction thereof, be guilty of a misdemeanor, and subject to a fine
of not more than $500.00 or be imprisoned in the City or county jail
for a period not to exceed three months, or both such fine and imprisonment.
(1026-2/64, 1246-10/66)
It shall be deemed a public nuisance for any person to do or commit, or cause to permit to be done or committed on or within the boundaries of any public park within the City of Huntington Beach, any act as described in Sections
13.48.010 through
13.48.150 of this chapter.
(3295-8/95)