1 ORDINANCE NO. ORD-57
2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE
4 CITY OF LONG BEACH CONFERRING UPON AND
5 DELEGATING TO THE BOARD OF HARBOR
6 COMMISSIONERS THE AUTHORITY TO ENFORCE
7 STATUTES AND ORDINANCES, TO ARREST AND TO
8 PREPARE, ISSUE, AND DELIVER WRITTEN NOTICES TO
9 APPEAR WITHIN THE CITY OF LONG BEACH HARBOR
10 DISTRICT AND AT SPECIFIC PREMISES OUTSIDE THE
11 HARBOR DISTRICT
12 13 WHEREAS, Section 1204 of the Charter of the City of Long Beach empowers 14 the City Council, by ordinance, to confer upon and delegate to the Board of Harbor OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 15 Commissioners such additional powers and duties which the City Council deems 16 necessary or convenient to carry out the general purposes of such Board, subject to the 17 approval of such delegation by the Board; and
18 WHEREAS, Section 1203(b) of the Long Beach City Charter provides the 19 Long Beach Board of Harbor Commissioners the power and duty for and on behalf of the 20 City to operate publicly owned facilities incident to the operation of the Long Beach Harbor 21 District ('Harbor District"), both inside and outside of the Harbor District; and 22 WHEREAS, the Harbor Department is headquartered at 415 W. Ocean 23 Boulevard in Long Beach (Port Administration Building"), and has an associated 24 underground parking structure ("parking structure") that primarily serves the Harbor 25 Commissioners, Harbor Department staff and executive management, and Harbor 26 Department visitors; and
27 WHEREAS, pursuant to Section 1203(d) of the Long Beach City Charter, the 28 Long Beach Board of Harbor Commissioners has the power and duty on behalf of the City 1 1393300 City Council Ordinance Delegating Authority to BHC.docx 03-05588 CITY COUNCIL ORDINANCE TO ADD HPO'S AUTHORITIES 105-17-221 HARBOR DEPARTMENT - SECURITY [SNL/bel] 1 to control and have jurisdiction of the Harbor District and "to make and enforce in the Harbor 2 District general rules and regulations, to the extent that may be necessary or requisite for 3 port purposes and harbor development, and in carrying out the powers elsewhere vested 4 in the Commission"; and
5 WHEREAS, Section 1203(t) of the Long Beach City Charter provides that the 6 Long Beach Board of Harbor Commissioners has the power and duty "Itjo adopt and enforce such ordinances, orders, regulations, and practices as are necessary for the proper 8 administration and discharge of its duties and powers, or for the management and 9 government of the Harbor District and it facilities"; and 10 WHEREAS, the Board of Harbor Commissioners has adopted Ordinance No. 11 HD-1903 amending and restating the authority of the Harbor Department Director of 12 Security, the Chief Port Security Officer, and Harbor Patrol Officers to enforce statutes and 13 ordinances, to arrest and to prepare, issue and deliver written Notices to Appear within the OF THE CITY ATTORNEY SPARKIN, City Attorney 14 Harbor District of the City of Long Beach, and Ordinance No. HD-2305 which conveys the 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 15 same authorities outside of the Harbor District at the Building and the parking structure, in 16 addition to several other areas at the Civic Center Plaza; and OFFICE CHARL 17 WHEREAS, the Board of Harbor Commissioners desires the assistance of 18 the Harbor Department Security Division to properly secure and patrol the parking 19 structure;
20 NOW THEREFORE, the City Council of the City of Long Beach ordains as 21 follows:
22 Section 1. The City Council of the City of Long Beach ("City Council"), 23 pursuant to Section 1204 of the Charter of the City of Long Beach, confers upon and 24 delegates to the Board of Harbor Commissioners the ability to amend Ordinance No. HD- 25 1903, as it may be amended or replaced from time to time, to allow the Harbor Department 26 Director of Security, the Chief Port Security Officer, and Harbor Patrol Officers to have 27 clearly defined authority to enforce certain statutes and 28 2
COUNCIL ONCE TO HO AUTHORITES 105-4722 03-05588
HARBOR DEPARTMENT - SECURITY [SNL/bel]
1 ordinances, to arrest, and to prepare, issue and deliver written notices to appear within the 2 Harbor District, at the Port Administration Building, and at the parking structure. 3 Section 2. The delegation of powers and duties provided for herein shall 4 become operative upon adoption: (i) of a resolution of the Board of Harbor Commissioners 5 approving and accepting the powers and duties so conferred and delegated; and (ii) of a 6 Board of Harbor Commissioners ordinance amending Ordinance No. HD-1903 granting the 7 following authorities to the Harbor Department Director of Security, the Chief Port Security 8 Officer, and Harbor Patrol Officers:
9 A. Within the Harbor District, at the Port Administration Building, 10 and at the parking structure (including the loading docks or ramps), the 11 authority to enforce the following provisions and the authority, pursuant to 12 California Penal Code Section 836.5, to arrest persons and to prepare, issue 13 and deliver to any arrested person a written Notice to Appear in court and to 14 release such person from custody upon receiving from him his written OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 15 promise to appear in court for any violation of any provision enumerated 16 herein:
17 1. California Vehicle Code Sections 21211(B) (no parking 18 in bike lane), 21960 (restricting use of freeways by pedestrians and 19 bicyclists), 21961 (restricting pedestrians' crossing of roadways to 20 crosswalks), 22500(L) (parking front of curb cut out access ramp), 22502(B) 21 (parking the wrong way), 22507.8 (improperly parking in spaces designated 22 for persons with disabilities), 22511 (electric vehicles), 22511.1 (electric 23 vehicles not charging), 22511.8 (parking for persons with disabilities), 22520 24 (parking on a freeway), 22652 (removal of vehicles improperly parked in 25 spaces designated for persons with disabilities), and 38320(A) (littering and 26 environmental protection); and
27 2. California Penal Code Section 537 (defrauding an
28 innkeeper); and
3 13 30UNCIL ORDINANCE TO ADD HOS AUTHORITIES 105-7221 03-05588 HARBOR DEPARTMENT - SECURITY [SNL/bell
1 Long Beach Municipal Code Sections 5.60 (special
2 event permit required), 6.16.100 (dog leash required), 6.16.110 (dog noise 3 prohibited), 6.16.200 (removal required), 8.60.120 (illegal dumping 4 prohibited), 8.76.010(g) (illegal park/private property), 8.76.010(q) (parking 5 near empty building), 8.76.010(r) (parking on empty lot), 8.76.010(t) 6 (commercial vehicle on private property), 9.25.010 (misdemeanor to urinate 7 or defecate in public), 9.30.030 (public expectoration), 9.30.050 (obstructing 8 public passage), 9.42.010 (trespassing prohibited), 9.42.060 (entering on 9 posted property prohibited), 9.42.110 (camping prohibited in certain areas, 10 10.04.050 (parking control checker), 10.22.080 (vehicle for sale), 10.22.090 11 (no parking peddlers), 10.22.110 (parking in fire lane), 10.22.120 (no parking 12 temporary), 10.22.140 (street sweeping), 10.22.160 (private property/posted 13 no parking), 10.24.010 (parking within lines), 10.24.050 (prohibited parking), 14 10.24.078 (oversized vehicle), 10.24.090 (limited time parking), 10.26.030 OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 15 (parking in alley), 10.34.020 (disabled PKG streets and public lots), 16 10.38.110 (truck parked over two hours); 10.40.010 (commercial vehicle 17 parked off truck route), 10.48.060 (bicycle path use), 10.48.070 (riding on 18 sidewalks), 10.58.040 (walking on roadway prohibited), 10.64.030 (traffic 19 direction compliance), and 14.04.010 (obstructing free passage). 20 B. Arrests which require booking of the offender are to be handled 21 and processed by the Long Beach Police Department.
22 Section 3. The City Clerk shall certify to the passage of this ordinance by 23 City Council and cause it to be posted in three (3) conspicuous places in the City of Long 24 Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor. 25 /II
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4 C13 COUCIL ORDINANCE TO ADD HIS AUTHORITIES 0-221 03-05588 HARBOR DEPARTMENT - SECURITY [SNL/bel]
1 I hereby certify that the foregoing ordinance was adopted by the City Council of the City of Long Beach at its meeting of _ 2022, by the 3 following vote:
4 Ayes: Councilmembers:
5 6
7 8
Noes: Councilmembers:
9 10
Absent: Councilmembers:
11 12
Recusal(s): Councilmembers:
13 14
OFFICE OF THE CITY ATTORNEY CHARLES PARKIN, City Attorney 411 W. Ocean Boulevard, 9th Floor Long Beach, CA 90802 15 City Clerk 16 17 Approved:
18 (Date) Mayor
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HARBOR DEPARTMENT - SECURITY [SNL/bel]