F.A.Q.s

General Departmental Information

Phone Numbers and Hours of Operation
How do I get to HBPD?
What is a warrant?

Stops

I'm getting stopped by the police, what do I do next?

Traffic

I've been involved in an accident. What am I required to do?
Do I have to wear seat belts? And when does a child have to be in an approved Safety Seat?
Is it illegal to play my stereo too loud?
Can I tint all of the windows on my vehicle?

Driving Under the Influence

How does an officer recognize a drunk driver?
What happens when I am stopped for driving while under the influence?
What happens if I have been arrested for suspicion of driving while under the influence of alcohol?
What happens if I am found guilty of DUI?

Curfew

Why is there a curfew for kids?
What are the curfew laws?
What happens if my child is arrested for violation of curfew?

General Information

How do I get a Birth, Death or Marriage Certificate?

Q: "What is the phone number for...What are your hours?"
A: Please refer to HBPD Phone directory for phone numbers and hours of operation.

Q: "How do I get to the HBPD?"

A: HBPD is located on the South East corner of Yorktown and Main at 2000 Main Street in the city of Huntington Beach. The following are directions from various portions of O.C.:

From North Orange County: South on the 605 (or 57 Freeway), take the 91 Freeway East (or West from the 57) and exit southbound on Beach Blvd. Continue south on Beach (towards ocean) to Yorktown. Turn West on Yorktown and travel past one stop sign & a past a signal. Turn south (left) into the HBPD parking lot (located just before you get to Main Street).
From East Orange County: Travel South until you intersect the 405 Freeway, take the 405 Freeway North and exit southbound on Beach Blvd. Continue south on Beach (towards ocean) to Yorktown. Turn West on Yorktown and travel past one stop sign & a past a signal. Turn south (left) into the HBPD parking lot (located just before you get to Main Street).
From West Orange County: Travel South until you intersect the 405 Freeway, take the 405 Freeway South and exit southbound on Beach Blvd. Continue south on Beach (towards ocean) to Yorktown. Turn West on Yorktown and travel past one stop sign & a past a signal. Turn south (left) into the HBPD parking lot (located just before you get to Main Street).
From South Orange County: Travel North on Pacific Coast Highway until you intersect Beach Blvd. Turn North bound on Beach Blvd. Continue North on Beach (towards ocean) to Yorktown. Turn West on Yorktown and travel past one stop sign & a past a signal. Turn south (left) into the HBPD parking lot (located just before you get to Main Street).

Q: "I got a notice telling me that I have a warrant. What does this mean?"
A: There are two types of warrants for persons. 1) Bench and 2) Arrest. In either case, if you have a warrant for your arrest, and you legally come into contact with a police officer, you may be subject to arrest. You could also be contacted by a law enforcement officer and served with a warrant and/or arrested.
Once in custody, you may be given the opportunity to post bail or be processed to court usually within 48 hours.

Q: "I'm getting stopped by the police, what do I do next?"
A: Pull over to the right-hand edge or curb of the highway, clear of an intersection, and stop. For more information click here.

Q: "I've been involved in an accident. What am I required to do?"

A: Accidents are classified as either:

Property Damage Only (PDO)
Injury
Fatal

Section 20001 (a) CVC, states: The driver of any vehicle involved in an accident resulting in injury to any person, other than himself or herself, or in death of any person, shall immediately stop the vehicle at the scene of the accident and shall fulfill the requirements of Sections 20003 (a) CVC and 20004 CVC.

Sections 20003 and 20004 describe what a driver must do at the scene. Section 20003 is titled Duty Upon Injury or Death. In essence, it states that any driver involved in an accident resulting in injury or death must give his or her name, current address and vehicle registration information to the person struck or the driver or occupants of any vehicle collided with, and shall give the information to any traffic or police officer at the scene of the accident. The driver also shall render to any person injured in the accident reasonable assistance, including transporting, or making arrangements for transporting any injured person to a physician, surgeon or hospital for treatment.... There is more to this section, and this is by no means the full text, just the basics. Section 20004 is titled Duty upon Death. It deals with the issue of no traffic or police officer at the scene of a fatal accident and requires the driver of any vehicle involved to report the accident to the nearest CHP office or duly authorized police authority and submit with the report the information required by Section 20003.

(20002 CVC) is titled Duty Where Property Damaged, and deals with Property damage only (PDO) accidents. The driver of any vehicle involved in an accident resulting in damage to any property, including vehicles, shall immediately stop the vehicle at the scene of the accident and do either of the following:

Locate and notify the owner or person in charge of that property of the name and address of the driver and owner of the vehicle involved, and upon being requested, present his or her driver's license, and vehicle registration to the other person. The information presented shall include current residence address of the driver and of the registered owner.
Leave in a conspicuous place on the vehicle or other property damaged, a written notice giving the name and address of the driver and of the owner of the vehicle involved and a statement of the circumstances thereof and shall without unnecessary delay notify the police or CHP.
The above rules also apply to a roll away (runaway) vehicle situation.

Again, the above is not the full text, just the basic information.

Also, the exchanging of insurance information at an accident is mandatory, per Section 16025 CVC. Many accidents are caused by drivers speeding or driving at a speed unsafe for conditions. Distracted driving plays an "associated factor" in many accidents.

Do I have to wear seat belts? When does a child have to be in an approved Safety Seat?
A: Wearing seat belts is mandatory (27315(d)(1) CVC). As a driver you can be stopped and cited if you and/or your passengers, 16 years of age or older, aren't wearing a seat belt. There doesn't have to be another violation associated with this for the officer to stop you. This is now considered a "primary" violation.

The law regarding child safety seats has changed recently. Per 27360 (a) CVC. A parent, legal guardian, or driver shall not transport on a highway in a motor vehicle, a child or ward who is under eight years of age, without properly securing that child in a rear seat in an appropriate child passenger restraint system meeting applicable federal motor vehicle safety standards.

In addition, a child or ward who is eight years of age or older, but less than 16 years of age, must be properly secured in an appropriate child passenger restraint system or safety belt meeting applicable federal motor vehicle safety standards.

The fines associated with the above violations have also increased, in some cases up to $250 for multiple violations.

Is it illegal to play my stereo too loud?
A: Yes. If your stereo can be heard more than 50 feet away from your car you can be stopped and cited for a violation of Section 27007 CVC.

Can I tint all of the windows on my vehicle?
A: No. 26708 and 26708.5 CVC deal with tinted windows. As a rule, any windows which are to the rear of the driver's door/window may be tinted. However, if you tint the back (rear) window, you must have both a left and right hand side mirror.

How does an officer recognize a drunk driver?
A: An officer will recognize a drunk driver by the driver's impaired driving ability. Impaired driving can be as obvious as a vehicle speeding, running a stop sign, weaving/crossing over lanes, or driving without lights. Less obvious signs of an impaired driver are erratic movements, over-correcting turns, stopping before/past limit lines at controlled intersections, long signaling before turns, or poor depth perception.

What happens when I am stopped for driving while under the influence?
A: If you have been stopped and are suspected of driving while under the influence, the officer will be looking for objective symptoms of intoxication. Some of these objective symptoms are the odor of an alcoholic beverage, bloodshot or watery eyes, slurred speech or unsteady balance.

If the officer notices these objective symptoms, the officer will then administer field sobriety tests. The officer will be looking at basic coordination, balance, and concentration. A P.A.S. (Preliminary Alcohol Screening) Test may also be administered in the field.

If you have passed the field sobriety tests, the officer at his/her discretion can call a taxi, have a friend to drive you home, or let you drive away.

What happens if I have been arrested for suspicion of driving while under the influence of alcohol?
A: If you have been arrested for suspicion of drunk driving, you are required by California State Law to submit to a chemical test to determine the amount of alcohol in your blood (implied consent law - 23157 CVC(23157 (a) (1) ). The three tests that are offered are:

Blood
Urine
Breath (One or more of these tests may not be available due to special circumstances (i.e. injury to driver, etc.)

If you select a blood test a nurse or phlebotomist will draw a blood sample and the sample will be analyzed at a lab on a later date. If you select a urine test you will be required to give two samples in a 20 minute period. The first sample is used to void the bladder and it is discarded. After a period of 20 minutes, a second sample will be collected and analyzed for alcohol at a later date. If you select a breath test, you will be required to blow into a breathalyzer machine twice to complete the test. The results of this test are available immediately. Should you refuse or fail to complete a test, your privilege to drive will be automatically be suspended for one (1) year by the Department of Motor Vehicles.

After the testing, if your test results show you have a blood alcohol content of .08 percent or more, your license will be taken away on the spot. An Administrative "PER SE" (in and of itself) order of suspension 13353.2 CVC(13353.2 (a) ) is given. This is a driver's license suspension which is issued by the officer at the time of arrest. (You will be given a 30-day temporary driving permit to allow for review and appeal of your case to the DMV). The suspension becomes effective 30 days after it is issued.

Upon completion of implied consent, you will either be cited (given a court date) and released to a detox facility (rehabilitation facility) or taken to the county jail.

What happens if I am found guilty of DUI?
A: If you are found guilty in court, fines and penalties will be imposed on you. These fines and penalties will be determined by the court and can range from one (1) year in County Jail to four (4) years in State Prison.

On your first conviction (misdemeanor), you will be fined $400-$1000, and you may be required to serve up to six months in jail with three to five years of probation. Attendance in a drug/alcohol treatment program and community service may be required.

On a second (2nd) conviction you will have to pay the same fines, spend more time in jail (90 days to one year), and lose your license for up to eighteen (18) months. A judge may require attendance for over a year in a drug/alcohol treatment program.

On a third (3rd) conviction within seven (7) years, you could go to jail for two (2) to four (4) years, and fines could be as high as $5000.

The fourth (4th) conviction is an automatic felony.

If the drunk driving charge involves an injury or a fatality, you will be arrested on felony charges. A felony conviction will bring you the same or higher fines, a longer license suspension, attendance in a drug/alcohol treatment program and a longer jail sentence.

Q: What is the helmet law for bikes?
A: Each year, more than a thousand men, women and children are killed in bicycle related accidents in North America. Seventy-five percent of those deaths could have been prevented if the riders of the bicycles had worn helmets. Even more lives can be saved if riders follow simple safety guidelines when riding their bicycles.

Effective January 1, 1994 all bicycle riders and passengers under age 18 must wear bicycle helmets while operating a bicycle in any public place. Additionally, the law states that bicycle helmets must meet the standards of the American National Standards Institute (ANSI) or the Snell Memorial Foundation's standard for Protective headgear. So, make sure when you purchase a helmet, it has either the "Snell" or ANSI" sticker inside.

Q: What kind of equipment is required?
A: Your bicycle must have the proper equipment.

All bicycles must be equipped with a brake
The handlebars may not be elevated above the rider's shoulders
All bicycles operated during the hours of darkness must be equipped with the following:
A front headlight (emitting a white light that can be visible from 300 feet).
A red reflector mounted on the rear of the bicycle
A white or yellow reflector on each side of the bicycle.

Q: What are the rules of the Road for Bicycles?
A: One rider per bicycle! Unless of course there is another seat, such as a child seat. Carrying passengers on handlebars and pegs is illegal. Bicycle riders must use hand signals when turning or braking suddenly. Bicycles are responsible for following the same laws as cars. This means obeying all posted signals, signs, and riding on the right side of the road.

Q: What are the Bicycle Licensing requirements?
A:In March 2003, the city of Huntington Beach City Council repealed the Municipal Code law which required bicycles within the city to be licensed. You do not need a bicycle license in Huntington Beach.

Q: Why is there a curfew law for juveniles?
A: The City of Huntington Beach recognizes the youth of the city as our most precious resource. The purpose of this ordinance is to protect the youth of our community, reduce juvenile crime, and reinforce parental authority.

One significant portion in the curfew ordinance holds parents accountable for their children's actions. A state law enacted in 1994 allows cities to recoup the law enforcement costs associated with the detention and transportation of juveniles who violate curfew laws.

A violation of the curfew regulations set forth in City of Huntington Beach Municipal Code Sections (see next FAQ section) constitutes a misdemeanor.

Q: What are the curfew laws in HB?
A: There are several curfew laws in HB:

9.68.020 Curfew-Prohibited conduct. A minor commits a misdemeanor if he/she remains, walks, runs, stands, drives or rides about, in or upon any public place or on the premises of any establishment within the city between the hours of 10:00 p.m. and 6:00 a.m. of the following day, Pacific Standard Time. (3282-6/95)
25665 B&P MINOR <21 YRS. IN DRINKING ESTABLISHMENT (minor prohibited &/or owner allow)
9.68.110 Nuisance. It shall be deemed a public nuisance for any minor to remain, walk, run, stand, drive or ride about, in or upon any public place or on the premises of any establishment within the city between the hours of 10:00 p.m. and 6:00 a.m. (3282-6/95)

Some other curfew laws related to juveniles are:

9.68.030 Responsibility of Parents. A parent or guardian of a minor is subject to the penalties set forth in Section 9.68.080 herein if he/she knowingly permits or allows the minor to remain, walk, run, stand, drive or ride about in or upon any public place or on the premises of any establishment open to the general public within the city during curfew hours. (3282-6/95)
9.68.040 Responsibility of establishments. The owner, operator, or any employee of an establishment commits a misdemeanor if he/she knowingly allows a minor to remain, walk, run, stand, drive or ride about in or upon any public place within his or her control or on the premises of any establishment within his or her control within the city during curfew hours. (3282-6/95)
9.68.050 Exceptions. (3282-6/95)

1. The provisions of this chapter do not apply when the minor is: (3282-6/95)

(a) accompanied by the minor's parents or guardian; (3282-6/95)
(b) on business at the direction of the minor's parent or guardian, without any detour or stop; (3282-6/95)
(c) engaged in employment activity, or going to or returning home from an employment activity, without any detour or stop; (3282-6/95)
(d) is rendering aid in an emergency; is in need of aid due to an emergency or is prevented from movement by an emergency situation. In cases of reasonable necessity and of such urgency that the parent, guardian, custodian, or other responsible person is unable to accompany the minor. The written communication from the parent, guardian, custodian or other responsible person which shall state: (3282-6/95)

1. The name, address and telephone number of such child; (3282-6/95)
2. The name, address and telephone number of the parent, guardian, or custodian for the child; (328-26/95)
3. The height, weight, sex, color of eyes and hair, and other relevant physical characteristics of such child; and (3282-6/95)
4. A brief description of the employment, errand or emergency at a designated time for a described purpose including points of origin and destination; (3282-6/95)

(e) on the sidewalk abutting the minor's residence or abutting the residence of a next-door neighbor if the neighbor did not complain to the Police Department or County Sheriff's Office about the minor's presence; (3282-6/95)
(f) attending an official school, religious, or other recreational activity supervised by adults or sponsored by the City of Huntington Beach, a civic organization, or another similar entity that takes responsibility for the minor, or going to or returning home without any detour or stop, from an official school, religious, or other recreational activity supervised by adults or sponsored by the City of Huntington Beach, a civic organization, or another similar entity that takes responsibility for the minor. (3282-6/95)

2. The provisions of this chapter do not apply when the owner, operator, or employee of an establishment promptly notified the Huntington Beach Police Department that a minor was present on the premises of the establishment during curfew hours and refused to leave. (3282-6/95)

3. Emergency Exception. When a minor is engaged in an activity described in section (b), (c) or (d) above and he/she must have in his or her possession, if practical, a written statement signed by the parent or guardian, which states that the activity is at the direction of the parent, guardian, custodian, or other responsible person or a family member and describes the nature of the activity. (3282-6/95)

1. Every law enforcement officer is authorized and empowered to demand from any person whom he has reasonable cause to believe comes within the provisions of this chapter and who remains, walks, runs, stands, drives or rides about in or upon any public place or on the premises of any establishment within the city, without his or her parents or guardian, during curfew hours, that such person give his name, address and parents or guardian, during curfew hours, that such person give his name, address and parents' names, and furnish proof of his or her age or proof that he or she is upon an emergency errand or legitimate business directed by his or her parents or guardian. (3282-6/95)

2. Juveniles who are found to be in violation of the curfew ordinance may be issued a Municipal Court citation and/or taken into custody and transported to: (3282-6/95)

(a) Youth/curfew Temporary Holding Facility; (3282-6/95)
(b) Huntington Beach Police Department; (3282-6/95)
(c) Juvenile's residence if it is nearby and a parent or guardian will be available to take custody of the juvenile; or (3282-6/95)
(d) Release in the field at the officers discretion - if placement or parental contact cannot be made.

3. A parent or guardian who knowingly permits a minor over whom he or she has control to violate this ordinance, shall be subject to the provisions of Section 272 of the California Penal Code and may be charged with violating the Penal Code provision. (3282-6/95)
9.68.070 Parents to take minor home. If a minor taken into custody is a minor coming within the provisions of this chapter, any such law enforcement officer is authorized and empowered to demand of the parents, guardian or other adult person having the care and custody of such minor that they take such minor to his or her permanent or temporary residence within the state, whether the place of residence is located within or without the jurisdiction of the governing body. Refusal on the part of the parent or guardian to accept a minor for whom the parent or guardian is responsible shall be a MISDEMEANOR. (3282-6/95)

Some other curfew laws related to public property and any persons are:

13.12.040(i) Pier Curfew. No person shall remain on the pier between the hours of midnight and 5:00 a.m. (3185-5/93)
13.08.240 Beach Curfew. No person shall be on the public beach within the City between the hours of 12:01 a.m. and 5 a.m. except upon official business of the City.
13.48.130 Park Curfew. No person shall remain, stay or loiter on or about any such park between the hours of 10 p.m. and 5 a.m. of the following day...
13.48.145 Camping. ...No person shall use any camping facility for overnight camping purposes without applying for and obtaining written permission from the Director...No person shall use or occupy a camping facility unless the fee, evidenced by a receipt, has first been paid. (20999/76, 245111/80)
9.20.040 Trespassing on school grounds. No person shall enter posted school grounds without first obtaining permission from the administrative office of the school or school district, except for the following: Students,Teachers, staff members, Service providers, Volunteers,Parents of students currently enrolled, Law enforcement, Attendees at school events that are open to the public, while those events are open and only in the area open for the event and attendees at authorized Civic Center Act functions.

All of the above laws are a misdemeanor. There are also exceptions to the above summarized laws. For further details you can research the full description of the law at city hall or click Municipal Code for a complete listing of our municipal codes.

Q: What happens if my child is arrested for violation of curfew?
A: After the officer makes an arrest typically one of two things happen. Either the parents are contacted by dispatchers (if they are not busy). The parents are then given the location of their child and asked to pick them up. If the parents cannot be located or the time for the parents to arrive is extended, the juveniles would be transported to either one of the Sub stations or the police department. Once the parents appear, the child is given a citation and released. If the parent cannot be located, the juvenile is relinquished to a shelter.

Q: Where do I go for Birth, Death, or Marriage Certificates?
A. Contact the County Recorder's Office at 714/834-3005 for marriage certificates and 714/834-2872 for birth and death certificates.