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REQUEST FOR ACTION
SUBMITTED TO: MEMBERS OF Specific Events Executive Committee
SUBMITTED BY: Ashley Wysocki, Director of Community & Library Services
PREPARED BY: Molly Uemura, Community & Library Services Manager
Subject:
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Consider amendments to Huntington Beach Municipal Code Chapter 13.54 Specific Events.
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Statement of Issue:
It is necessary to revise Huntington Beach Municipal Code (HBMC) 13.54 with updated language with regards to the Specific Events process and activities allowed with and without a Specific Event permit. Staff recommends amending the language in several sections to align with the City’s current practices for Specific Event permit issuance. It is also necessary to include a definition for “free speech demonstrations” and incorporate new language on prohibited activities without the issuance of a Specific Event permit. The updated language will clearly demonstrate to the public the activations which require the issuance of a Specific Event permit and will provide Huntington Beach Police Department (HBPD) with necessary guidance for enforcement actions.
Financial Impact:
Not Applicable
Recommended Action:
recommendation
Review proposed changes to HBMC 13.54 and recommend forwarding to City Attorney’s Office review and approval, to be presented to City Council for formal adoption at a future City Council meeting.
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Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
HBMC 13.54 provides the guidelines for the Specific Event permit process, establishes the Specific Events Committee, and provides enforcement guidelines on prohibited items and interference with permitted events. The last true revision to HBMC 13.54 was in March of 2020, when then Police Chief Robert Handy requested the addition of the section 13.54.110 regarding late applications and 13.54.135 - prohibition on carrying specified items or articles while attending a Specific Event. This was in response to increased protests and demonstrations on the beach and in Pier Plaza.
The City of Huntington Beach continues to grow as a desired destination for permitted events, but also unpermitted demonstrations and rallies. There is an increased expectation for HBPD and City staff to provide education and guidance on when a permit is required for rallies and demonstrations on public property. HBMC does not currently define a free speech demonstration and does not provide a list of prohibited activities without the issuance of a Specific Event permit. Staff recommends amending HBMC section 13.54.135 to prohibit certain activations without a permit, such as use of amplified sound, soliciting donations, vendor booths/sales, and food trucks. This amendment would provide firm, enforceable guidelines for HBPD to uphold when evaluating responses to rallies and demonstrations.
Several additional sections of HBMC require updates to reflect updated processes for Specific Event permitting. Section 13.54.020 states that no person shall advertise an event prior to the final issuance of the Specific Event permit. Since the issuance of the Specific Event permit often does not occur until the final weeks leading up to an event, this guidance is not realistic or reflective of the current practice of Event Organizers. Updated language states that the Event Organizer “shall not promote, advertise, encourage, or solicit attendance or otherwise participate in any way in a specific event until the application is submitted and approved by the Director of Community & Library Services and a Letter of Conditions has been issued by the Specific Events Committee”.
Other amendments to HBMC 13.54 include the addition of evacuation plan into the granting conditions for the permit, language providing the ability to deny a permit based on the applicant’s inability to obtain necessary permits from outside jurisdictions, and an additional line in section 13.54.210 Interference with Specific Events to allow HBPD to cite an individual engaging in any activity within the area designated for use by the permittee that affects the permittee’s ability to conduct the event. Council may review all proposed changes to HBMC 13.54 in the attached document with highlighted revisions.
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. HBMC 13.54 Updates