City Council

REMOTE PARTICIPATION (SEE NEXT PAGE) Adam Eisen, Mayor Robert Brownstone, Vice Mayor Deborah Penrose, Councilmember Harvey Rarback, Councilmember Debbie Ruddock, Councilmember CITY COUNCIL AGENDA REGULAR MEETING CITY OF HALF MOON BAY TUESDAY, SEPTEMBER 1, 2020 7:00 PM This agenda contains a brief description of each item to be considered. Those wishing to address the City Council on any matter not listed on the Agenda, but within the jurisdiction of the City Council to resolve, may come forward to the podium during the Public Forum portion of the Agenda and will have a maximum of three minutes to discuss their item. Those wishing to speak on a Public Hearing matter will be called forward at the appropriate time during the Public Hearing consideration. Please Note: Anyone wishing to present materials to the City Council, please submit seven copies to the City Clerk. Copies of written documentation relating to each item of business on the Agenda are on file in the Office of the City Clerk at City Hall and the Half Moon Bay Library where they are available for public inspection. If requested, the agenda shall be available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132.) Information may be obtained by calling 650-726-8271. In compliance with the Americans with Disabilities Act, special assistance for participation in this meeting can be obtained by contacting the City Clerk’s Office at 650-726-8271. A 48-hour notification will enable the City to make reasonable accommodations to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). http://hmbcity.com/

SPECIAL REMOTE PARTICIPATION PROTOCOLS In accordance with Governor Newsom’s Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. This meeting will be conducted entirely by remote participation, in compliance with the Governor's Executive Order N-29-20 allowing for deviation of teleconference rules required by the Ralph M. Brown Act. This meeting will be conducted via Zoom Webinar. Members of the public are welcome to login into the webinar as Attendees. During any public comment portions, attendees may use the “raise your hand” feature and will be called upon and unmuted when it is their turn to speak. Written comments (jblair@hmbcity.com) submitted by 5:00 p.m. on meeting day will be added to the online agenda packet and emailed to the City Council. The meeting will also be streamed on Channel 27, on pacificcoast.tv, on Facebook in English at www.facebook.com/cityofhalfmoonbay and in Spanish at www.facebook.com/halfmoonbayrecreation. Please click to join the webinar: https://zoom.us/j/93155286700 or join by phone at 669-900-9128, using Webinar ID 931-5528-6700. ROLL CALL PUBLIC FORUM PROCLAMATIONS AND PRESENTATIONS MAYOR'S ANNOUNCEMENTS OF COMMUNITY ACTIVITIES AND COMMUNITY SERVICE REPORT OUT FROM RECENT CLOSED SESSION MEETINGS CITY MANAGER UPDATES TO COUNCIL COVID-19 UPDATE CZU LIGHTNING COMPLEX FIRE UPDATE LABOR DAY ENFORCEMENT AND FUTURE BEACH CLOSURES BEACH ACCESS / PARKING PLAN UPDATE 1. CONSENT CALENDAR 1.A WAIVE READING OF RESOLUTIONS AND ORDINANCES 1.B SAM ENERGY EFFICIENT AND INFRASTRUCTURE IMPROVEMENT PROJECTS Staff Recommendation: By motion, approve the recommended SAM Energy Efficient and Infrastructure Improvement Projects, pending approval by the SAM Board of Directors. STAFF REPORT ATTACHMENT 1 1.C LIBRARY CAPITAL DONATIONS Staff Recommendation: Adopt a resolution accepting donations from the Friends of the Half Moon Bay Library and amending the FY 2020-21 budget to record additional revenues of $48,148.43 and appropriate these funds in the Library Capital Fund (F16). STAFF REPORT RESOLUTION

2. ORDINANCES AND PUBLIC HEARINGS 2.A SECOND READING OF AN ORDINANCE AMENDING CHAPTER 8.04 “ANIMAL CONTROL”, CHAPTER 9.12 “PUBLIC NUISANCES AFFECTING PUBLIC PEACE AND SAFETY” AND CHAPTER 9.13 “PARK REGULATIONS” OR REINTRODUCE WITH AMENDMENTS Staff Recommendation: Waive second reading and adopt, or reintroduce with amendments, an ordinance amending Chapter 8.04 (Animal Control), Chapter 9.12 (Public Nuisances Affecting Public Peace and Safety), and Chapter 9.13 (Park Regulations) of the Half Moon Bay Municipal Code to include “Beaches” in Chapter 9.13 and add and clarify rules and regulations including the walking of dogs on leash, off-leash activities, smoking in parks and beaches, alcohol consumption in parks and the prohibition of single use plastic bottles in City-owned parks and beaches. STAFF REPORT ORDINANCE ATTACHMENT 2 3. RESOLUTIONS AND STAFF REPORTS 3.A LAW ENFORCEMENT ANNUAL UPDATE Staff Recommendation: Receive annual update from the San Mateo County Sheriff's Department. There is no staff report associated with this item. COMMISSION / COMMITTEE UPDATES FOR FUTURE DISCUSSION / POSSIBLE AGENDA ITEMS CITY COUNCIL REPORTS ADJOURNMENT CORRESPONDENCE RECEIVED AFTER PACKET PUBLICATION Balson_Item2A_090120

REMOTE PARTICIPATION (SEE NEXT PAGE) Adam Eisen, Mayor Robert Brownstone, Vice Mayor Deborah Penrose, Councilmember Harvey Rarback, Councilmember Debbie Ruddock, Councilmember CITY COUNCIL AGENDA REGULAR MEETING CITY OF HALF MOON BAY TUESDAY, SEPTEMBER 1, 2020 7:00 PM This agenda contains a brief description of each item to be considered. Those wishing to address the City Council on any matter not listed on the Agenda, but within the jurisdiction of the City Council to resolve, may come forward to the podium during the Public Forum portion of the Agenda and will have a maximum of three minutes to discuss their item. Those wishing to speak on a Public Hearing matter will be called forward at the appropriate time during the Public Hearing consideration. Please Note: Anyone wishing to present materials to the City Council, please submit seven copies to the City Clerk. Copies of written documentation relating to each item of business on the Agenda are on file in the Office of the City Clerk at City Hall and the Half Moon Bay Library where they are available for public inspection. If requested, the agenda shall be available in appropriate alternative formats to persons with a disability, as required by Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132.) Information may be obtained by calling 650-726-8271. In compliance with the Americans with Disabilities Act, special assistance for participation in this meeting can be obtained by contacting the City Clerk’s Office at 650-726-8271. A 48-hour notification will enable the City to make reasonable accommodations to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title II). http://hmbcity.com/ 1

SPECIAL REMOTE PARTICIPATION PROTOCOLS In accordance with Governor Newsom’s Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. This meeting will be conducted entirely by remote participation, in compliance with the Governor's Executive Order N-29-20 allowing for deviation of teleconference rules required by the Ralph M. Brown Act. This meeting will be conducted via Zoom Webinar. Members of the public are welcome to login into the webinar as Attendees. During any public comment portions, attendees may use the “raise your hand” feature and will be called upon and unmuted when it is their turn to speak. Written comments (jblair@hmbcity.com) submitted by 5:00 p.m. on meeting day will be added to the online agenda packet and emailed to the City Council. The meeting will also be streamed on Channel 27, on pacificcoast.tv, on Facebook in English at www.facebook.com/cityofhalfmoonbay and in Spanish at www.facebook.com/halfmoonbayrecreation. Please click to join the webinar: https://zoom.us/j/93155286700 or join by phone at 669-900-9128, using Webinar ID 931-5528-6700. ROLL CALL PUBLIC FORUM PROCLAMATIONS AND PRESENTATIONS MAYOR'S ANNOUNCEMENTS OF COMMUNITY ACTIVITIES AND COMMUNITY SERVICE REPORT OUT FROM RECENT CLOSED SESSION MEETINGS CITY MANAGER UPDATES TO COUNCIL COVID-19 UPDATE CZU LIGHTNING COMPLEX FIRE UPDATE LABOR DAY ENFORCEMENT AND FUTURE BEACH CLOSURES BEACH ACCESS / PARKING PLAN UPDATE 1. CONSENT CALENDAR 1.A WAIVE READING OF RESOLUTIONS AND ORDINANCES 1.B SAM ENERGY EFFICIENT AND INFRASTRUCTURE IMPROVEMENT PROJECTS Staff Recommendation: By motion, approve the recommended SAM Energy Efficient and Infrastructure Improvement Projects, pending approval by the SAM Board of Directors. STAFF REPORT ATTACHMENT 1 1.C LIBRARY CAPITAL DONATIONS Staff Recommendation: Adopt a resolution accepting donations from the Friends of the Half Moon Bay Library and amending the FY 2020-21 budget to record additional revenues of $48,148.43 and appropriate these funds in the Library Capital Fund (F16). STAFF REPORT RESOLUTION 2

2. ORDINANCES AND PUBLIC HEARINGS 2.A SECOND READING OF AN ORDINANCE AMENDING CHAPTER 8.04 “ANIMAL CONTROL”, CHAPTER 9.12 “PUBLIC NUISANCES AFFECTING PUBLIC PEACE AND SAFETY” AND CHAPTER 9.13 “PARK REGULATIONS” OR REINTRODUCE WITH AMENDMENTS Staff Recommendation: Waive second reading and adopt, or reintroduce with amendments, an ordinance amending Chapter 8.04 (Animal Control), Chapter 9.12 (Public Nuisances Affecting Public Peace and Safety), and Chapter 9.13 (Park Regulations) of the Half Moon Bay Municipal Code to include “Beaches” in Chapter 9.13 and add and clarify rules and regulations including the walking of dogs on leash, off-leash activities, smoking in parks and beaches, alcohol consumption in parks and the prohibition of single use plastic bottles in City-owned parks and beaches. STAFF REPORT ORDINANCE ATTACHMENT 2 3. RESOLUTIONS AND STAFF REPORTS 3.A LAW ENFORCEMENT ANNUAL UPDATE Staff Recommendation: Receive annual update from the San Mateo County Sheriff's Department. There is no staff report associated with this item. COMMISSION / COMMITTEE UPDATES FOR FUTURE DISCUSSION / POSSIBLE AGENDA ITEMS CITY COUNCIL REPORTS ADJOURNMENT CORRESPONDENCE RECEIVED AFTER PACKET PUBLICATION Balson_Item2A_090120 3

Page 1 of 2 BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY AGENDA REPORT For meeting of: September 1, 2020 TO: Honorable Mayor and City Council VIA: Bob Nisbet, City Manager FROM: John Doughty, Public Works Director Maziar Bozorginia, City Engineer TITLE: SEWER AUTHORITY MID-COASTSIDE (SAM) ENERGY EFFICIENT AND INFRASTRUCTURE IMPROVEMENT PROJECTS ______________________________________________________________________________ RECOMMENDATION: By motion, approve the recommended SAM Energy Efficient and Infrastructure Improvement Projects, pending approval by the SAM Board of Directors. FISCAL IMPACT: There is no fiscal impact associated with this action. The final turnkey price for the recommended set of improvements is $2,314,273, with favorable financing available. With this investment, SAM expects to realize energy savings of $672/year, annualized avoided emergency repair costs of $24,334/year, and $740,000 of budgeted items from the last approved 5-year SAM Capital Improvement Plan (CIP) which amounts to $1,413,862 of savings over twenty years. BACKGROUND: On October 28, 2019, the Board approved a Project Development Agreement with Ameresco to develop a turnkey, design-build energy project for SAM that maximizes capital improvement funds allocated for plant improvements by leveraging these funds with energy and operational savings. The following activities have been completed with respect to the Project Development phase of the project: - Preliminary mechanical and electrical design - Obtained funding agreement and parameters - Contractor site visits to solicit bids - Final pricing obtained for all materials, labor, factory service packages, operations, and maintenance DISCUSSION: SAM spends an average of $250,000 on energy costs annually. In order to maintain operational efficiency and insure the most responsible use of funds, staff has been looking for opportunities 4

Page 2 of 2 to reduce operating expenses by achieving greater energy efficiency, developing on-site generation assets, and replacing aging facility infrastructure. A strong driver was the desire to mitigate risks associated with critical equipment (pumps, motors, biogas flare, etc.) that is operating inefficiently and beyond it’s useful life as well as looking at opportunities to create more sustainable facilities with the goal of decreasing long-term costs and environmental impacts of SAM’s operations. On August 24, 2020, the SAM Board of Directors held an information session to review Energy Efficient and Infrastructure Improvement projects, which was presented by Ameresco, Inc., outlining a list recommended projects to increase energy efficiency. A copy of the presentation is attached to this report (Attachment 1). Aside from realized energy savings and avoided operational, maintenance, and emergency costs, SAM will benefit from this project by leveraging Ameresco to bring speed and efficiency to these improvement projects. Ameresco is prepared to order all equipment and materials necessary immediately after contracting. This would allow onsite construction to begin in the Spring of 2021 during the slow time of the year, with completion expected around July 2021. Conclusion By approving this motion, pending approval of the SAM Board of Directors, the SAM plant will be more resilient & efficient and will address critical maintenance issues to be able to weather future demanding events on the system. ATTACHMENTS: Ameresco, Inc. Presentation – SAM Information Session and Project Update (8/24/2020) 5

6

7

8

9

10

11

12

13

14

15

BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY AGENDA REPORT For meeting of: September 1, 2020 TO: Honorable Mayor and City Council VIA: Bob Nisbet, City Manager FROM: Matthew Chidester, Deputy City Manager TITLE: LIBRARY CAPITAL DONATIONS ______________________________________________________________________________ RECOMMENDATION: Adopt a resolution accepting donations from the Friends of the Half Moon Bay Library and amending the FY 2020-21 budget to record additional revenues of $48,148.43 and appropriate these funds in the Library Capital Fund (F16). FISCAL IMPACT: The donations totaling $48,148.43 will be added to the Library Capital Fund, to help offset the maintenance and debt service costs of the new library. STRATEGIC ELEMENT: This action supports the Infrastructure and Environment, Fiscal Sustainability, and Inclusive Governance Elements of the Strategic Plan. BACKGROUND: The new Half Moon Bay Library was opened in August, 2018. Under the previous County Library JPA agreement, the costs of constructing the facility were shared by the City and the County of San Mateo. Of the approximately $12 million City portion, $6 million was paid in cash from City reserves, with the remaining $6 million paid out of the proceeds of a loan from the County. The JPA contributed more than $1 million for the furniture, fixtures and equipment, as well as the library collections. Over the last several years, the Friends of the Half Moon Bay Library, a non-profit organization (the “Friends”), have supported capital fundraising efforts for the new library on behalf of the City. To date, the Friends have collected more than $900,000 in capital donations. They continue to partner with the City and remain supportive in fund raising efforts. DISCUSSION: The Friends of the Half Moon Bay Library previously approximately $858,000, which was recorded in the Library Capital Fund. If accepted, the additional donations totaling 16

approximately $48,000 will also be added to the Library Capital Fund. The total offset to the City’s portion of the library construction project through donations to the Friends would be approximately $906,000. Commitments of an additional $60,000 will be received over the next five years. ATTACHMENTS: Resolution accepting a donation from the Friends of the Half Moon Bay Library and amending the FY 2020-21 Adopted Budget. 17

Resolution No. C-2020-XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY ACCEPTING DONATIONS FROM THE FRIENDS OF THE HALF MOON BAY LIBRARY AND AMENDING THE FY 2020-21 ADOPTED BUDGET TO RECORD ADDITIONAL REVENUES OF $48,148.43 AND APPROPRIATE THESE FUNDS IN THE LIBRARY CAPITAL FUND (F16). WHEREAS, in August 2018, the City opened the new Half Moon Bay Library, which was constructed as a joint project between the city, the County of San Mateo, and the San Mateo County Library JPA; and WHEREAS, the Friends of the Half Moon Bay Library, a non-profit organization (the “Friends”), has supported capital fund raising efforts for the new library on behalf of the City; and WHEREAS, the Friends have presented to the City a check for $48,143.43, which was collected as donations to the library capital fundraising campaign, to be used to help offset the maintenance and debt service costs of the new library; and WHEREAS, the City must amend the FY 2020-21 Adopted Budget to recognize this unanticipated revenue. NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the City of Half Moon Bay hereby accepts donations from the Friends of the Half Moon Bay Library in the amount of $48,143.43 and directs staff to amend the FY 2020-21 Adopted Budget to record the additional revenues and appropriate the funds in the Library Capital Fund (F16. ***************************************************************** I, the undersigned, hereby certify that the foregoing Resolution was duly passed and adopted on the 1st day of September, 2020 by the City Council of Half Moon Bay by the following vote: AYES, Councilmembers: NOES, Councilmembers: ABSENT, Councilmembers: ATTEST: APPROVED: __________________________ _____________________________ Jessica Blair, City Clerk Adam Eisen, Mayor 18

BUSINESS OF THE COUNCIL OF THE CITY OF HALF MOON BAY AGENDA REPORT For meeting of: September 1, 2020 TO: Honorable Mayor and City Council VIA: Bob Nisbet, City Manager FROM: Jessica Blair, Communications Director / City Clerk TITLE: SECOND READING OF AN ORDINANCE AMENDING CHAPTER 8.04 “ANIMAL CONTROL”, CHAPTER 9.12 “PUBLIC NUISANCES AFFECTING PUBLIC PEACE AND SAFETY” AND CHAPTER 9.13 “PARK REGULATIONS” OR REINTRODUCE WITH AMENDMENTS ______________________________________________________________________________ RECOMMENDATION: Waive second reading and adopt, or reintroduce with amendments, an ordinance amending Chapter 8.04 (Animal Control), Chapter 9.12 (Public Nuisances Affecting Public Peace and Safety), and Chapter 9.13 (Park Regulations) of the Half Moon Bay Municipal Code to include “Beaches” in Chapter 9.13 and add and clarify rules and regulations including the walking of dogs on leash, off-leash activities, smoking in parks and beaches, alcohol consumption in parks and the prohibition of single use plastic bottles in City-owned parks and beaches. FISCAL IMPACT: There is no fiscal impact associated with the adoption of this ordinance. STRATEGIC ELEMENT: This action supports the Infrastructure and Environment, Healthy Communities and Public Safety, and Inclusive Governance Elements of the Strategic Plan. DISCUSSION: On July 21, 2020, the City Council introduced the ordinance following the conduct of a duly- noticed public hearing. As required by law, the ordinance appears for second reading and adoption at a regular meeting more than five days past introduction. In light of communication received (Attachment 2) after the introduction of the ordinance, this item is also agendized for possible re-introduction with amendments. ATTACHMENTS: 1. Ordinance amending Titles 8 and 9 of the HMB Municipal Code 2. Correspondence Received from the Public 19

1 ORDINANCE NO. C-2020-____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HALF MOON BAY, CALIFORNIA AMENDING CHAPTER 8.04, ANIMAL CONTROL, CHAPTER 9.12, PUBLIC NUISANCES AFFECTING PUBLIC PEACE AND SAFETY AND CHAPTER 9.13, PARK REGULATIONS THE CITY COUNCIL OF THE CITY OF HALF MOON BAY DOES ORDAIN AS FOLLOWS: Section 1. Findings: The City Council finds and declares as follows: (a) The Municipal Code of the City of Half Moon Bay requires periodic updates to reflect current information, changes in law, provide clarification to the community, and provide for improved customer service and administration of City business. (b) Setting clear understanding for use and behavior in parks and beaches is critical to maintaining safe and high quality recreation experiences for residents and visitors; (c) Managing the activities of certain dog walkers is necessary to protect public health and safety and to protect the coastal environment; (d) Plastic bottles are a significant component of the plastic waste stream. According to the Container Recycling Institute, Americans purchase 42.6 billion water bottles per year. Although plastic represents a relatively small fraction of the overall waste stream in California, particularly based upon weight, plastic waste is the predominate form of marine debris with 8 million metric tons of plastic entering the ocean every year. Plastics are estimated to comprise 60% to 80% of all marine debris and 90% of all floating debris. According to the California Coastal Commission, the primary source of marine debris is urban runoff. Prohibiting the use and possession of 1 liter or smaller single use plastic (PET) bottles in parks and beaches is necessary to protect our unique environment and to reduce the potential for migration of plastic into local creeks and the Pacific Ocean. Section 2. Municipal Code Update (Parks and Other Matters) including revisions to Chapters 8.04, 9.12 and 9.13 of the Half Moon Bay Municipal Code is adopted as set forth in Attachments “A”,“B” and “C” to this Ordinance shown for introduction as deletions in strike through and additions in double-underline. Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council herby declares that it would have passed this Ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. 20

2 Section 4. Publication. The City Clerk of the City of Half Moon Bay is hereby directed to publish this Ordinance, or the title hereof as a summary, pursuant to Government Code Section 36933, once within fifteen (15) days after its passage in the Half Moon Bay Review, a newspaper of general circulation published in the City of Half Moon Bay. Section 5. Effective date. This Ordinance shall take effect and be in force on the thirtieth (30th) day from and after its final passage. INTRODUCED at a regular meeting of the City Council of the City of Half Moon Bay, California, held on the 21st day of July, 2020, by the following vote: Ayes, Councilmembers: __________________________________ Noes, Councilmembers: __________________________________ Absent, Councilmembers: __________________________________ Abstain, Councilmembers: __________________________________ ATTEST: ___________________________ _______________________ Jessica Blair, City Clerk Adam Eisen, Mayor 21

EXHIBIT A Chapter 8.04 Animal Control 8.04.040 Prohibited conduct. No owner or possessorguardian of any animal shall cause or permit it to do any of the following: A. To be uponin any public street, sidewalk, park, school ground, or any public property, o r upon any unenclosed premises in this jurisdictionthe city unless the animal is properly licensed, if such licensing is necessary hereunderrequired by the city, and under the control of the owner by being saddled, harnessed, haltered, or leashed by a substantial chain, lead rope, or leash, six foot maximum, which chain, lead rope, or leash shall be continuously held by some competent person capable of controlling such animal. B. To trespass upon any private property without the consent of the owner thereof, and to knowingly permit the animal to remain upon the property or to habitually continue to trespass thereon. C. To suffer or permit such animal to habitually bark or meow or act in such a manner as to continuously disturb the peace of any citizen or to be a public nuisance. D. To be without proper and adequate food, water, shelter, care, and attention as described in Section 597(f) of the Penal Code. E. Subsection A of this section shall not be applicable to cats. F. Notwithstanding any contrary provision contained in this title, dogs are not required to be leashed while located in an off-leash dog area of a city-that has been designated dog park. by the City Council. The city shall post appropriate signs and notices designating off-leash dog areas and indicating the rules and regulations applicable to such designated enclosed off-leash dog areas. Failure to comply with the posted rules and regulations shall constitute a violation of this section. G. To walk more than three dogs at any one time or walk dogs for a fee in any public place without an annual permit from the city. The City Manager or designee shall establish the requirements and conditions for the dog walking permit program. Any dog walker failing to possess a dog walking permit shall be in violation of this section and shall be punishable. 22

EXHIBIT B Chapter 9.12 Public Nuisances Affecting Public Peace and Safety Sections: 9.12.010 Generally. 9.12.020 Use of law enforcement agency uniform, vehicle, identification or insignia. 9.12.030 Acts menacing public peace and safety. 9.12.035 040 Interference with police dogs. 9.12.040 050 Consumption of alcoholic beverages on public rights-of-way or public or private property open to public view. 9.12.050 Alcoholic beverages--Public parks. 9.12.060 Violation--Penalty. 9.12.070 Prohibition of fires on city beaches. 9.12.080 Prohibition of fires in city parks. 9.12.090 Prohibition of glass containers at city parks and beaches. 9.12.010 Generally. The acts enumerated in this chapter are public nuisances affecting public peace and safety in addition to any other provisions of this code. 9.12.020 Use of law enforcement agency uniform, vehicle, identification or insignia. The wearing, displaying or using of any title, identification card, vehicle, uniform, cap, badge or insignia by any person not in an official capacity which causes a reasonable individual to believe that such person is a member of the Half Moon Bay police department, San Mateo County sheriff’s office, California Highway Patrol or other law enforcement agency having jurisdiction within the city is a public nuisance affecting public peace and safety. 9.12.030 Acts menacing public peace and safety. All other acts, occupations and uses of property, not specifically mentioned in this chapter, which are in fact a menace to the public peace and safety are public nuisances affecting public peace and safety. 9.12.035040 Interference with police dogs. No person shall willfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by the police department or county sheriff in the performance of the functions or duties of such department, or interfere with or meddle with any such dog 23

while being used by said department or any member thereof in the performance of any of the functions or duties of said department or of such officer or member. 9.12.0450 Consumption of alcoholic beverages on public rights-of-way or public or private property open to public view. It is unlawful for anyNo person toshall consume any alcoholic beverage, or to have in theisr possession or on theisr person any bottle, can or other receptacle containing an alcoholic beverage which has been opened, or a seal broken or the contents of which have been partially removed while such person is standing, sitting or otherwise occupying any public right-of-way, including any public street, sidewalk, pedestrian mall, alleyway or thoroughfare; nor shall any person consume any alcoholic beverage in any private or public parking lot within the city where such parking lot has immediate access to a public street; nor shall any person consume any alcoholic beverage within fifteen feet of any public rights-of-way while on a private stairway, doorway, or other private property open to public view without the express or implied permission of the owner, hisowner’s agent, or the person in lawful possession thereof; provided, however, that the provision of this section shall not apply to the interior portion of any private dwelling, habitat or building, to the consumption by persons in the areas herein designated of any duly prescribed and dispensed medication having alcoholic content, or those persons consuming alcoholic beverages while viewing a parade for which a permit has been grant