The ordinances embraced in the following chapters and sections
shall constitute and be designated "The Code of the City of Cypress,
California," and may be so cited. Such code may also be cited as the
"Cypress City Code."
In the construction of this Code and of all ordinances of the
city, the following rules shall be observed, unless such construction
would be inconsistent with the manifest intent of the city council
or the context clearly requires otherwise:
The words "the city" or "this city" shall be construed as
if followed by the words "of Cypress."
The words "the Code" or "this Code" shall mean "The Code
of the City of Cypress, California."
The time in which any act provided by law is to be done is
computed by excluding the first day and including the last, unless
the last day is a holiday, and then it is also excluded.
Whenever the words "council" or "city council" are used,
they shall be construed to mean the city council of the City of Cypress,
California.
The words "the county" or "this county" shall mean the County
of Orange of the State of California.
A "day" is the period of time between any midnight and the
midnight following.
"Daytime" is the period of time between sunrise and sunset.
"Nighttime" is the period of time between sunset and sunrise.
The masculine gender includes the feminine and neuter.
The words "in the city" shall mean and include all territory
over which the city now has, or shall hereafter acquire, the jurisdiction
for the exercise of its police powers or other regulatory powers.
All words giving a joint authority to three or more persons
or officers shall be construed as giving such authority to a majority
of such persons or officers.
The word "month" shall mean a calendar month.
The singular number includes the plural, and the plural the
singular.
"Oath" includes affirmation.
Whenever any officer, office, employee, board, commission
or department is referred to it shall mean an officer, office, employee,
board, commission or department of the city unless the context clearly
requires otherwise.
Whenever certain hours are named herein, they shall mean
Pacific Standard Time or Day-light Saving Time whichever may be in
current use in the city.
"Or" may be read "and," and "and" may be read "or," if the
sense requires it.
The word "owner," applied to a building or land, shall include
any part owner, joint owner, tenant in common, tenant in partnership,
joint tenant or tenant by entirety of the whole or of a part of such
building or land.
"Person" includes any person, firm, association, organization,
partnership, business trust, corporation or company.
includes every species of property except real property,
as defined in this section.
The words "preceding" and "following" mean next before and
next after, respectively.
"Process" includes a writ or summons issued in the course
of judicial proceedings of either a civil or criminal nature.
The word "property" shall include real and personal property.
shall include lands, tenements and hereditaments.
"Shall" is mandatory and "may" is permissive.
"Signature" or "subscription" includes a mark when the signer
or subscriber cannot write, such signer's or subscriber's name being
written near the mark by a witness who writes his own name near the
signer's or subscriber's name; but a signature or subscription by
mark can be acknowledged or can serve as a signature or subscription
to a sworn statement only when two witnesses so sign their own names
thereto.
The words "the state" or "this state" shall be construed
to mean the State of California.
The word "tenant" or "occupant," applied to a building or
land, shall include any person holding a written or oral lease of
or who occupies, the whole or a part of such building or land, either
alone or with others.
The present tense includes the past and future tenses; and
the future, the present.
A "week" consists of seven consecutive days.
"Writing" includes any form of recorded message capable of
comprehension by ordinary visual means. Whenever any notice, report,
statement or record is required or authorized by this Code, it shall
be made in writing in the English language unless it is expressly
provided otherwise.
The word "year" shall mean a calendar year, except where
otherwise provided.
The provisions appearing in this Code, so far as they are in
substance the same as those of ordinances existing at the time of
the effective date of this Code, shall be considered as continuations
thereof and not as new enactments.
The repeal of an ordinance shall not revive any ordinances in
force before or at the time the ordinance repealed took effect.
The repeal of an ordinance shall not affect any punishment or
penalty incurred before the repeal took effect, nor any suit, prosecution
or proceeding pending at the time of the repeal, for any offense committed
under the ordinance repealed.
The catchlines of the several sections of this Code printed
in boldface type are intended as mere catchwords to indicate the contents
of the section and shall not be deemed or taken to be titles of such
sections, nor as any part of the section, nor, unless expressly so
provided, shall they be so deemed when any of such sections, including
the catchlines, are amended or re-enacted.
It is hereby declared to be the intention of the city council
that the sections, paragraphs, sentences, clauses and phrases of this
Code are severable, and if any phrase, clause, sentence, paragraph
or section of this Code shall be declared unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this Code.
(a)
Whenever
in this Code or in any other ordinance of the city or in any order,
rule, or regulation issued or promulgated by any duly authorized officer
or agent of the city, any act is prohibited or is made or declared
to be unlawful or the doing of any act is required and the failure
to do that act is declared to be unlawful, and no specific penalty
is provided therefor, violation of said provision shall be a misdemeanor
and shall be punished by a fine not exceeding $1,000 or imprisonment
for a term not exceeding six months, or by both such fine and imprisonment.
For the purposes of this section 1-7, any violation of the Cypress Municipal Code ("Municipal Code Violation") may be processed through the administrative citation provisions established within this section 1-7 and section 1-12 providing, however, when processed as administrative citations, all such municipal code violations shall be subject to the maximum amounts established in subsection 1-7(c).
Nothing in this chapter shall prevent the city from exercising
its discretion to select between criminal enforcement for a municipal
code violation and enforcement through the administrative citation
process established herein.
(b)
Each and
every day during any portion of which any violation of this Code or
any other ordinance, order, rule, or regulation of the city continues
shall constitute a separate offense, and may be punished accordingly.
(c)
When specifically
designated as such, violations of any provision of this Code or any
other city ordinance, rule, order, or regulation shall be an infraction,
which shall be punished as follows:
First violation: $100.00 fine
Second violation: $200.00 fine
Third violation, and each subsequent violation of the same ordinance or permit within one year from the date of the first violation, may at the city's discretion be treated as an infraction and fined in the amount of five hundred ($500.00) per occurrence, or may be deemed a misdemeanor and as such, shall be punishable as set forth in subsection (a).
Notwithstanding anything to the contrary designating an offense
a misdemeanor, when the city attorney, or the district attorney files
in a court having jurisdiction over misdemeanor offenses a complaint
specifying that an offense otherwise a misdemeanor is an infraction,
the violation shall be deemed an infraction for all purposes.
(d)
Citation
power shall be delegated by resolution of the city council.
(e)
Unless
otherwise specifically provided herein, the Orange County Courts'
Countywide Uniform Bail Schedule is hereby adopted by this reference,
as if set forth in full, for violations of the Code of the City of
Cypress.
(Ord. No. 15; Ord. No. 833, § 1, 12-11-89; Ord. No. 998, §§ 1,
2, 2-14-00)
If any person is arrested for the violation of this Code or
any other ordinance of the city, and such person is not immediately
taken before a magistrate, as is more fully set forth in the Penal
Code of the state, the arresting officer shall prepare, in duplicate,
a written notice to appear in court, containing the name and address
of such person, the offense charged and the time and place where and
when such person shall appear in court.
The time specified in such notice to appear shall not be less
than five days after such arrest.
The place specified in such notice to appear shall be one of
the following:
(a)
Before
a judge of a justice court or a municipal court judge within the county
who has jurisdiction of the offense and who is nearest and most accessible
with reference to the place where the arrest is made.
(b)
Upon demand
of the person arrested, before a judge of the municipal court of the
county judicial district, or before a judge of a justice court or
municipal court in the judicial district in which the offense is alleged
to have been committed.
(c)
Before
an officer authorized to receive a deposit of bail.
(Ord. No. 116, §§ 1
to 3)
The officer arresting a person pursuant to section 1-8 shall deliver one copy of the notice to appear to the arrested person and the arrested person, in order to secure a release, shall give his written promise so to appear in court by signing the duplicate notice, which shall be retained by the officer. Thereupon the arresting officer shall forthwith release the person arrested from custody.
(Ord. No. 116, § 4)
Every person wilfully violating his written promise to appear
in court is guilty of a violation of this Code regardless of the disposition
of the charge upon which he was originally arrested.
(Ord. No. 116, § 7)
The officer arresting a person pursuant to section 1-8 shall, as soon as practicable, file a duplicate notice to appear with the magistrate specified in such notice. The defendant may, prior to the date upon which he promised to appear in court, deposit with the magistrate the amount of bail set by such magistrate. Thereafter, at the time when the case is called for arraignment before the magistrate, if the defendant does not appear, either in person or by counsel, the magistrate may declare the bail forfeited and may at his discretion order that no further proceedings shall be had in such case. Upon the making of such order that no further proceedings be had, all sums deposited as bail shall forthwith be paid into the county treasury.
(Ord. No. 116, § 5)
A warrant shall not issue for the arrest of a person who pursuant to the provisions of section 1-8 has given such written promise to appear in court unless and until he has violated such promise, or has failed to deposit bail, to appear for arraignment, trial or judgment or to comply with the terms and provisions of the judgment as required by law.
When a person signs a written promise to appear at the time and place specified in the written promise to appear and has not posted bail as provided in section 1-11 the magistrate shall issue and have delivered for execution a warrant for his arrest within twenty days after his failure to appear as promised. If a person promises to appear before an officer authorized to accept bail other than a magistrate and fails to do so on or before the date which he promised to appear, then within twenty days after the delivery of such written promise to appear by the officer to a magistrate having jurisdiction over the offense, such magistrate shall issue and have delivered for execution a warrant for his arrest. When such person violates his promise to appear before an officer authorized to receive bail other than a magistrate, the officer shall immediately deliver to the magistrate having jurisdiction over the offense charged the written promise to appear and the complaint, if any, filed by the arresting officer.
(Ord. No. 116, §§ 6,
8)
(a)
Issuance of administrative citation. An enforcement officer
may, upon discovering that a person has committed a municipal ordinance
violation (hereinafter referred to as "offender"), issue an administrative
citation to the offender. The administrative citation shall be issued
by personal service on the offender or by registered or certified
mail to the offender's last known address. The offender's failure
to receive or refusal to accept the administrative citation shall
not affect the validity of the administrative citation or any proceeding
undertaken to this chapter.
(b)
Correction Period. Unless otherwise specified, an offender
shall have at least 15 calendar days to correct or otherwise remedy
a correction condition prior to the issuance of an administrative
citation and the imposition of the corresponding fine. A longer correction
period may be granted if the enforcement officer determines that additional
time is reasonably necessary to remedy the correction condition.
(c)
Expedited correction date. An offender may be given less
than 15 calendar days to correct or otherwise remedy an expedited
correction condition prior to the issuance of an administrative citation
should the correction condition be of a transitory nature, or a condition
which poses an immediate risk to the health, safety or welfare of
the community. An expedited correction date shall set a correction
date which may be as short as "immediate," to as many as 14 days.
(d)
Correction Notice. Upon discovery of a correction condition,
the enforcement officer shall issue a written correction notice to
the offender by personal service or by registered or certified mail
to the offender's last known address. Such notice shall refer to the
Code section(s) violated and facts supporting the issuance of the
citation. The correction notice shall also describe the action(s)
necessary to correct the violation and state the final date by which
the correction must be completed.
(e)
Offender's obligations—Pay fine/request hearing. Within
15 calendar days from the date the administrative citation is issued,
an offender shall either: (i) pay the administrative fine designated
on the administrative citation; or (ii) pay the administrative fine
designated on the administrative citation and make a written request
to the city clerk for an administrative hearing. The citation shall
be deemed to have been issued on the date noted on the citation, if
personally served, or on the date mailed, if served by registered
or certified mail. The administrative citation shall include a warning
that failure to pay the fine, or failure to pay the fine and request
an administrative hearing and appear at the same may result in the
city taking all legal steps necessary to obtain payment of the fine,
and the offender being charged all costs of such collection.
(f)
Continuing of violation. With the exception of municipal ordinance violations continuing to exist within the correction period provided under section 1-7, each and every day during any portion of which any municipal code violation is committed, continued, maintained or permitted shall constitute a new and separate offense for which the full administrative fine may be imposed.
(g)
Obligation to correct violation. Nothing in this chapter
shall be interpreted to mean that payment of the administrative fine
by an offender discharges or excuses the offender's obligation to
correct the municipal code violation. Failure to correct the municipal
code violation may result in the issuance of additional administrative
fine citations, the commencement of a criminal prosecution, or the
imposition of any other legal remedy available to the city.
(h)
Request for hearing. Any offender desiring to challenge
the issuance of an administrative citation shall, within 15 calendar
days from the date the administrative citation is issued, make a written
request for a hearing with the city clerk setting forth the basis
of the challenge. The offender shall cause to be deposited with the
city's finance department the entire administrative fine and $250
as an offset to one-half ( 1/2) the fee associated with payment of
an administrative hearing officer. Both parties shall equally split
the cost for the hearing officer. Unused fees will be returned to
the offender subsequent to the disposition of the hearing.
(i)
Decision in favor of offender. The issuance of a decision
in favor of the offender shall constitute a dismissal of the administrative
citation. The city shall return any funds the offender paid to the
city towards the dismissed administrative citation. Dismissal of an
administrative citation shall not preclude the city from the commencement
of a criminal prosecution, or the imposition of any other legal remedy
available to the city.
(j)
Waiver of right to hearing. The offender's failure to appear
at a scheduled hearing shall constitute a waiver of the right to a
hearing as well as a waiver of a right to judicial review of the imposition
of the administrative fine. An offender's failure to appear at the
hearing shall be presumed to be an admission of guilt to the municipal
code violation charges as indicated on the administrative citation.
(k)
Delinquency of administrative fine. Payment of an administrative fine is delinquent 30 days after the fine becomes due and payable. A delinquent administrative fine shall be treated as an account receivable by the city and shall be subject to the city's established policy for delinquent accounts payable. Furthermore, the offender shall also be required to pay to the city its actual cost of collection. Any fine imposed pursuant to section 1-7 of this Code shall be deemed delinquent if it is not paid in accordance with the terms and conditions of section 1-7. Any person who fails to pay to the city the amount of any fine imposed pursuant to the provisions of section 1-7 of this Code, on or before the date that fine amount is due, shall be liable for the payment of an additional delinquency penalty. The delinquency penalty is equal to 10% of the amount due the city, or 10% of the amount of the fine remaining unpaid to the city if a portion of the fine amount was timely paid. Interest shall accrue on all delinquent accounts, exclusive of delinquent penalties at the rate of one-half ( 1/2) of 1% per month, pro rata, of the total delinquent fine amount, from the date the fine becomes delinquent until the date that all delinquent fine amounts are paid to the city.
(Ord. No. 998, § 3, 2-14-00)
If an administrative citation is rendered in favor of the city,
the offender may seek judicial review of the administrative order
by doing one of the following:
(a)
Appeal
the administrative order pursuant to Government Code § 50369.4
within 20 calendar days after service of the administrative order.
Such an appeal shall be made by filing a notice of appeal with the
clerk of the civil division of the West Court Justice Center for the
County of Orange, State of California, located at 8141 13th Street,
Westminster, CA, along with the required filing fee and a copy of
the administrative order. The appealing party shall also serve a copy
of the notice of appeal on the City of Cypress at that time by delivering
the same in person or mailing the same by first class mail, postage
pre-paid, return receipt requested to: Cypress City Clerk, 5275 Orange
Avenue, Cypress, CA, 90630. If no appeal notice is filed within the
20 calendar day period, the decision shall be deemed final; or
(b)
File
a petition for a writ of mandate pursuant to Code of Civil Procedure, § 1094.5,
within 90 calendar days after service of the administrative order.
(Ord. No. 998, §§ 3,4, 2-14-00)
The official seal of the city shall be of the size and form
and shall bear the figures and inscriptions set out as follows:
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