1 01517088.DOCX 03-05588
CITY COUNCIL ORDINANCE [04.26.23] HARBOR DEPARTMENT - SECURITY OFFICERS [SNL/bel] 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF LONG BEACH CONFERRING UPON AND
DELEGATING TO THE BOARD OF HARBOR
COMMISSIONERS THE AUTHORITY TO ENFORCE
STATUTES AND ORDINANCES, TO ARREST AND TO
PREPARE, ISSUE, AND DELIVER WRITTEN NOTICES TO
APPEAR INSIDE THE CITY OF L ONG BEACH HARBOR
DISTRICT, INCLUDING AT THE MARK BIXBY MEMORIAL
BICYCLE-PEDESTRIAN PATH , AT THE PORT
ADMINISTRATION BUILDING AND THE ASSOCIATED
UNDERGROUND PARKING STRUCTURE, AND AT OTHER
SPECIFIC PREMISES OUTSIDE THE HARBOR DISTRICT
WHEREAS, Section 1203(b) of the Long Beach City Charter provides the Long Beach Board of Harbor Commissioners the power and duty for and on behalf of the City to operate publicly owned facilities incident to the operation of the Harbor District, both inside and outside of the Harbor District; and
WHEREAS, the Harbor Department is headquartered at 415 W. Ocean Boulevard in Long Beach ("Port Administration Building"), which is part of the Civic Center Plaza, and has an associated underground parking structure ("parking structure"); and WHEREAS, the City of Long Beach, a municipal corporation acting by and through its Board of Harbor Commissioners , has recently completed construction of the Mark Bixby Memorial Bicycle-Pedestrian Path, a Class 1 Bike Path; and WHEREAS, pursuant to Section 1203(d) of the Long Beach City Charter, the Long Beach Board of Harbor Commissioners has the power and duty on behalf of the City to control and have jurisdiction of the Harbor District and “to make and enforce in the Harbor ORD-31
2 01517088.DOCX 03-05588
CITY COUNCIL ORDINANCE [04.26.23] HARBOR DEPARTMENT - SECURITY OFFICERS [SNL/bel] 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
District general rules and regulations, to the extent that may be necessary or requisite for port purposes and harbor development, and in carrying out the powers elsewhere vested in the Commission”; and
WHEREAS, Section 1203(t) of the Long Beach City Charter provides that the Long Beach Board of Harbor Commissioners has the power and duty “[t]o adopt and enforce such ordinances, orders, regulations, and practices as are necessary for the proper administration and discharge of its duties and powers, or for the management and government of the Harbor District and it facilities”; and WHEREAS, the Board of Harbor Commissioners adopted Ordinance No.
HD-1903 amending and restating the authority of designated security officers of the Harbor Department Security Division to enforce statutes and ordinances, to arrest and to prepare, issue and deliver written Notices to Appear within the Harbor District of the City of Long Beach; and
WHEREAS, the Board of Harbor Commissioners adopted Ordinance No.
HD-2305, which conveys authority to designated officers of the Harbor Department Security Division to enforce statutes and ordinances, to arrest and to prepare, issue and deliver written Notices to Appear outside of the Harbor District at the Port Administration Building and the associated parking structure, in addition to several other areas at the Civic Center Plaza; and
WHEREAS, the Board of Harbor Commissioners adopted Ordinance No.
HD-2397, which amended Ordinance No . HD -1903 and Ordinance No. HD -2305, to authorize designated officers of the Harbor Department Security Division to have additional authority to enforce statutes and ordinances, to arrest and to prepare, issue and deliver written Notices to Appear within the Harbor District and at the Port Administration Building and the associated parking structure; and
WHEREAS, the Board of Harbor Commissioners desires to amend and restate the authorities adopted in Ordinances Nos. HD-1903, HD-2305, and HD-2397; and
3 01517088.DOCX 03-05588
CITY COUNCIL ORDINANCE [04.26.23] HARBOR DEPARTMENT - SECURITY OFFICERS [SNL/bel] 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
WHEREAS, the Board of Harbor Commissioners desires the assistance of the Harbor Department Security Division to enforce statutes and ordinances, and to arrest and to prepare, issue and deliver written notices to appear within the Harbor District, including at those portions of the Mark Bixby Memorial Bicycle -Pedestrian Path including its Ocean Boulevard, Pico Boulevard and Terminal Island approaches.
NOW THEREFORE, The City Council of the City of Long Beach ordains as follows:
Section 1. The City Council of the City of Long Beach (“City Council”), pursuant to Section 1204 of the Charter of the City of Long Beach, confers upon and delegates to the Board of Harbor Commissioners the ability to amend and restate Ordinances Nos. HD-1903, HD-2305, and HD-2397, as they may be amended, restated, or replaced from time to time, to allow the Director of Security, the Chief Port Security Officer and Security Officers of the Harbor Department Security Division (“Harbor Patrol Officers”) to have clearly defined authority to enforce statutes and ordinances, to arrest, and to prepare, issue and deliver written notices to appear at the following areas: within the Harbor District (including those portions of the Mark Bixby Memorial Bicycle-Pedestrian Path, including its Ocean Boulevard, Pico Boulevard and Terminal Island approaches ); within the Port Administration Building and t he associated underground parking structure (including Loading Docks and Ramps ); at the Central Utility Plant and Utility Yard ; and within the City Council Chambers and Shared Rooms at City Hall when used for Harbor Department business.
Section 2. The delegation of p owers and duties provided for herein shall become operative upon adoption: (i) of a resolution of the Board of Harbor Commissioners approving and accepting the powers and duties so conferred and delegated; and (ii) of a Board of Harbor Commissioners ordinance amending and restating Ordinances Nos. HD- 1903, HD-2305, and HD-2397, granting the following authorities to Harbor Patrol Officers:
4 01517088.DOCX 03-05588
CITY COUNCIL ORDINANCE [04.26.23] HARBOR DEPARTMENT - SECURITY OFFICERS [SNL/bel] 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
A. Within the Harbor District.
Within the Harbor District (including those portions of the Mark Bixby Memorial Bicycle -Pedestrian Path, including its Ocean Boulevard, Pico Boulevard and Terminal Island approaches, the authority to enforce the following provisions and the authority, pursuant to California Penal Code Section 836.5 , to arrest persons and to prepare, issue and deliver to any arrested person a written Notice to Appear in court and to release such person from custody upon receiving from such person his or her written promise to appear in court for any violation of any provision enumerated herein:
1. California Vehicle Code Sections 4464 (altered license plates); 5202 (period of display); 10852 (breaking or removing vehicle parts); 12500(a)-(d) (unlawful to drive unless properly licensed); 14601(a), 14601.2(a), 14601.3(a), 14601.4(a), 14601.5(a) (driving on a suspe nded license); 14603 (violation of restricted license); 14606(a) (employing unlicensed drivers); 20002(a) (duty after accident); 21100 (local rules and regulations); 21100.3 (disobeying traffic instructions); 21113(a) (public grounds); 21211(B) (no parking in bike lane), 21453(a), (b), (c) (red light); 21460 (double yellow lines); 21461 (failure to obey sign or signal); 21464 (interference with traffic devices); 21708 (fire hoses); 21712 (unlawful riding and towing); 21960 (restricting use of freeways by pe destrians and bicyclists), 21961 (restricting pedestrians’ crossing of roadways to crosswalks), 22102 (U-Turn in a Business District); 22450 (stop signs); 22500(a)-(i) and (k) -(l) (stopping, standing and parking prohibitions); 22502(a) (curb parking); 22502(B) (parking the wrong way), 22507.8 (improperly parking in spaces designated for persons with disabilities), 22511 (electric vehicles), 22511.1 (electric vehicles not charging), 22511.8 (parking for persons with disabilities), 22514 (fire hydrants); 225 15 (unattended
5 01517088.DOCX 03-05588
CITY COUNCIL ORDINANCE [04.26.23] HARBOR DEPARTMENT - SECURITY OFFICERS [SNL/bel] 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
vehicles); 22516 (locked vehicles); 22520 (parking on a freeway), 22521 (parking upon or near a railroad track); 22522 (parking near sidewalk access ramps); 22523(b) (abandoning vehicles); 22651(a) -(h) and (j) (s) (removal of vehicle); 22651. 5 (vehicle alarm sound over 45 minutes); 22652 (removal of vehicles improperly parked in spaces designated for persons with disabilities), 22654 (removal of vehicle violating 22500 or 22504); 22669 (removal of abandoned or dismantled vehicle); 23110(a) (throwing substances at vehicles); 23112(a), (b) (dumping on highway); 23113(a) (removal of material from highway); 23114 (spilling loads); 23220(drinking while driving); 23222 (opened alcoholic beverages); 31614 (transportation of explosives); and 38320(A) (littering and environmental protection); and
2. California Penal Code Sections 148 (resisting public officer); 148.2 (interfering with firefighter or emergency rescue personnel); 372 (maintaining a nuisance); 374.3 (dumping of waste on roads); 403 (disrupting a public meeting); 415 (disturbing the peace); 484 (theft); 537 (defrauding an innkeeper); 554 (property that may be posted); 555 (entry upon posted property); 556 (placing advertising signs on posted property); 588(b) (removing authorized barrier); 594 (vandalism); 602 (trespass); 647(f) (disorderly conduct);
3. California Business and Professions Code Section
22435.2 (shopping carts);
4. Long Beach Municipal Code Sections 2.03.140
(disturbing public meeting); 5.52 junk regulation); 5.60 (special event permit required), 6.16.100 (dog leash required), 6.16.110 (dog noise prohibited),
6.16.200 (removal required), 8.08.140 (water vessel rat shields); 8.60.120 (illegal dumping prohibited), 8.76.010(g) (illegal park/private property),
8.76.010(q) (parking near empty building), 8.76.010(r) (parking on empty lot),
6 01517088.DOCX 03-05588
CITY COUNCIL ORDINANCE [04.26.23] HARBOR DEPARTMENT - SECURITY OFFICERS [SNL/bel] 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
8.76.010(t) (commercial vehicle on private property), 9.22.010 (public consumption of alcohol); 9.25.010 (misdemeanor to urinate or defecate in public), 9.30.050 (obstructing public passage), 9. 42.010 (trespassing prohibited), 9.42.060 (entering on posted property prohibited), 9.42.100 (operating vehicles on private property); 9.42.110 (camping prohibited in certain areas), 10.04.050 (parking control checker), 10.0.8.030 (traffic control devices); 10.18.040 (living in vehicles); 10.22.020 (parkways and sidewalks);
10.22.030 (storing vehicles on streets prohibited); 10.22.080 (vehicle for sale), 10.22.090 (no parking peddlers), 10.22.110 (parking in fire lane),
10.22.120 (no parking tempora ry), 10.22.130 (seventy -two hour parking limit); 10.22.140 (street sweeping), 10.22,150 (repairing vehicles on streets);
10.22.160 (private property/posted no parking), 10.24.010 (parking within lines), 10.24.030 (stopping or parking prohibited); 10.24.050 (prohibited parking), 10.24.078 (oversized vehicle), 10.24.090 (limited time parking),
10.24.130 (parking space markings); 10.26.010 (yellow, white or green curb markings); 10 .26.020 (red curb markings); 10.26.030 (parking in alley),
10.34.020 (disabled P KG streets and public lots), 10.38.110 (truck parked over two hours), 10.40.010 (commercial vehicle parked off truck route),
10.48.060 (bicycle path use), 10.48.070 (riding on sidewalks), 10.51.050 (prohibited areas for electronically motorized boards), 10 .52.040 (prohibited areas for rollerskating), 10.54.040 (prohibited areas for skateboarding),
10.58.040 (walking on roadway prohibited), 10.64.030 (traffic direction compliance), and 14.04.010 (obstructing free passage); 18.48.010 (discharge of fireworks).
5. Long Beach Harbor Department Tariff No . 004 , Items 904 (misdemeanors), 906 (infractions) and 908 (infractions), as such Items are now stated or as amended in the future.
7 01517088.DOCX 03-05588
CITY COUNCIL ORDINANCE [04.26.23] HARBOR DEPARTMENT - SECURITY OFFICERS [SNL/bel] 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
B. Within the Port Administration Building, its Associated Underground Parking Structure, the Central Utility Plant and Utility Yard, Council Chambers, and Shared Rooms at City Hall.
Within the Port Administration Building, the associated underground parking structure (including loading docks and ramps) , the Central Utility Plant and Utility Yard, Council Chambers when used for Harbor Department business, and Rooms at City Hall when used for Harbor Department business, the authority to enforce the following provisions and the authority, pursuant to California Penal Code Section 836.5, to arrest persons and to prepare, issue and deliver to any arrested person a written Notice to Appear in court and to release such person from custody upon receiving from such person his or her written promise to appear in court for any violation of any provision enumerated herein:
1. California Penal Code Sections 1 48 (resisting public officer); 148.2 (interfering with fi refighter or emergency rescue personnel); 372 (maintaining a nuisance); 403 (disrupting a public meeting); 415 (disturbing the peace); 484 (theft); 554 (property that may be posted); 555 (entry upon posted property); 556 (placing advertising signs on poste d property); 588(b) (removing authorized barrier); 594 (vandalism); 602 (trespass); 647(f) (disorderly conduct); and
2. Long Beach Municipal Code Sections 2.03.140
(disturbing public meeting); 9.22.010 (public consumption of alcohol); and
18.48.730 (discharge of fireworks). Section 3. Arrests which require booking of the offender are to be handled and processed by the Long Beach Police Department.
///
///
///
8 01517088.DOCX 03-05588
CITY COUNCIL ORDINANCE [04.26.23] HARBOR DEPARTMENT - SECURITY OFFICERS [SNL/bel] 1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28
OFFICE OF THE CITY ATTORNEY
DAWN MCINTOSH, City Attorney
411 W. Ocean Boulevard, 9th Floor
Long Beach, CA 90802
Section 3. The City Clerk shall certify to the passage of this ordinance by City Council and cause it to be posted in three (3) conspicuous places in the City of Long Beach, and it shall take effect on the thirty-first (31st) day after it is approved by the Mayor.
I hereby certify that the foregoing ordinance was adopted by the City Council of the City of Long Beach at its meeting of ________________, 2023 by the following vote:
Ayes: Councilmembers: ___________________________________
___________________________________
__________________________________
___________________________________
Noes:
Councilmembers:
___________________________________
___________________________________
___________________________________
Absent:
Councilmembers:
___________________________________
Recusal(s):
Councilmembers:
___________________________________
City Clerk
Approved:
(Date) Mayor