Cross reference: False reports to police, § 20-1.
No minor under the age of 18 years shall loiter, wander or play
in or upon the public streets, alleys, parks, playgrounds or other
public places or places of amusement or entertainment, vacant lots
or other unsupervised places or trespass on private property between
the hours of 10:00 p.m. and 6:00 a.m. of the following day; provided,
that the provisions of this section shall not apply to a minor accompanied
by his parent, guardian or other adult person having the care and
custody of such minor or to a minor upon an emergency errand at the
direction of such parent, guardian or adult person, or to a minor
engaged in an employment which makes it necessary for such minor to
be on the streets during the above hours.
Each violation of the provisions of this section shall constitute
a separate offense.
The provisions of this section shall not apply to any such minor
under 18 years of age in the military service of the United States,
or any such minor legally married.
(Ord. No. 193, §§ 2,
3)
Every law enforcement officer is authorized and empowered to demand from any person who he has reasonable cause to believe is in violation of section 17-1 that such person give his name, address, proof of age, the name of the parent, guardian or adult having care or custody of such person if a minor under 18 years of age, and such other information reasonably necessary to determine whether such violation exists.
Any such minor found to be in violation of the provisions of
such section may be taken into custody by such officer and thereafter
may be released to the parent, guardian or other adult person having
the care and custody of such minor may be dealt with in accordance
with the juvenile court law of the state. The refusal or failure of
any such parent, guardian or adult person to furnish the information
required in this section or to take such minor home when so demanded
by any such law enforcement officer is a violation of this section.
Any minor under 18 years of age violating any of the provisions of section 17-1 is subject to being remanded to the juvenile court.
(Ord. No. 193, §§ 4,
5)
No person shall discharge or set off in a manner likely to endanger
life or property within the city any gun, rifle, pistol, shotgun or
other firearm or any airgun or other contrivance discharging shots,
slugs, bullets, darts, arrows or other missiles.
The provisions of this section shall not apply to any peace
officer or person summoned to aid and discharge any official duty
or where such act is necessary for the protection of human life or
property or otherwise permitted by law.
(Ord. No. 47, §§ 1,
2)
(a)
Purpose and intent.
(1)
Public
areas within the city should be accessible and available to residents
and the public at large for their intended uses. The unauthorized
use of public areas for camping and the storage of personal property
interferes with the rights of other members of the public to use public
areas for their intended purposes and can create a public health or
safety hazard. The purpose of this section is to maintain public areas
in clean, sanitary and accessible condition to prevent the misappropriation
of public areas for personal use, and to promote the public health
and safety by ensuring that public areas remain readily accessible
for their intended uses.
(2)
This
section shall be interpreted in a manner that is consistent with applicable
state and federal law.
(3)
This
section shall be interpreted in a manner that is consistent with the
settlement agreement to the extent that it is effective.
(b)
"Abandoned personal property"
"Camp" or "camping"
"Camp facilities"
"Camp paraphernalia"
"Chief of police" or "police chief"
"City"
"City manager"
"Highway"
"Parkway"
"Personal property"
"Public area"
"Public street"
"Roadway"
"Settlement agreement"
"Sidewalk"
"Store" or "storing" or "storage"
"Tent"
"Unclaimed personal property"
Definitions. The following terms used in this section shall
have the meanings indicated below:
means personal property that the owner surrenders, relinquishes,
or disclaims. Indicia of abandoned personal property shall include,
but not be limited to, personal property that its owner has indicated
he or she does not want.
means to pitch or occupy camp facilities and/or to use camp
paraphernalia for living accommodation or habitation purposes. Pitching
or occupying camp facilities and/or using camp paraphernalia for living
accommodation or habitation purposes includes, but is not limited
to, sitting, lying, or sleeping within such camp facilities and/or
upon such camp paraphernalia for living accommodation or habitation
purposes.
include, but are not limited to, tents, huts, or temporary
shelters.
includes, but is not limited to, tarpaulins, cots, beds,
sleeping bags, hammocks, blankets, or non-city designated cooking
facilities and similar equipment.
means the Cypress chief of police or designee.
means the City of Cypress, a charter city in the State of
California, in its present incorporated form or in any later reorganized,
consolidated, enlarged or re-incorporated form.
means the Cypress city manager or designee.
means a way or place of whatever nature, publicly maintained
and open to the use of the public for purposes of vehicular travel.
means the area of the street between the back of the curb
and the sidewalk that typically is planted and landscaped.
means any and all tangible property, and includes, but is
not limited to, goods, materials, merchandise, tents, tarpaulins,
bedding, sleeping bags, hammocks, personal items such as luggage,
backpacks, clothing, and household items.
means all property that is owned, managed or maintained by
the city, and shall include, but not be limited to, any public street,
building, grounds, lot, parcel, park, plaza or parking lot dedicated
to the authorized use and enjoyment of the public, and any other public
property owned, maintained or controlled by another government agency
within the city where the city is authorized to can enforce its police
powers as described herein.
means and includes but is not limited to any city right-of-way,
street, road, highway, alley, sidewalk, parkway, bridge, culvert,
drain, and all other facilities or areas necessary for the construction,
improvement, and maintenance of streets and roads.
means that portion of a highway improved, designed or ordinarily
used for vehicular travel.
shall mean the settlement agreement in that certain action
filed in the United State District Court, Central District of California,
Southern Division entitled "Orange County Catholic Worker, et al.,
v. Orange County, et al." with Case No. Case No. 8:18-cv-00155 DOC
(JDE) entered into between the plaintiffs in such case and the city.
means that portion of the public right-of-way provided for
the primary use of pedestrians along or adjacent to a street.
means to put aside or accumulate for use when needed, to
put for safekeeping, and/or to place or leave in a location; which
does not include any personal property that clearly has been abandoned
or discarded and which clearly has no value.
means any tarp, cover, structure or shelter, made of any
material that is not open on all sides and which hinders an unobstructed
view behind or into the area surrounded by the tarp, cover, structure
or shelter.
(c)
Unlawful camping. It shall be unlawful for any person to camp, erect or occupy camp facilities or use camp paraphernalia in any public area within the city, except as otherwise provided in Section 17-4(e), as may be permitted under Section 17-72(c) or Section 17-72(e), or as mandated by applicable law.
(d)
Storage of personal property in public areas.
(1)
Prohibition. It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in any public area within the city, except as otherwise provided in Section 17-4(e), as may be permitted under Section 17-72(c) or Section 17-72(e), or as mandated by applicable law.
(2)
Chief of police to receive stored/unattended personal property. Except as provided in Section 17-4(d)(8), the chief of police shall make provisions for receiving and safekeeping of personal property found unattended on any public area and coming into their possession by an employee of the city in the course of employment pursuant to Section 17-4(d)(3). The police department shall notify the owner, if their identity is reasonably ascertainable, that it possesses the personal property and where it may be claimed. The police department may require the owner to pay a reasonable charge to defray the costs of storage and care of the personal property.
(3)
Notice and removal.
(i)
In the event that personal property is found in the course of employment
by an employee of the city on any public area without authorization
from the city (examples of "authorized employees" include, but are
not limited to, city police officers, city code enforcement, employees
or contractors of city public works department, and other city employees
properly trained to carry out this section), such employee shall leave
notice with the owner of the personal property or in a prominent place
and which notice shall contain all of the following information:
a.
The personal property needs to be relocated.
b.
The timeframe that the property owner has to relocate the personal
property. Such timeframe shall not be less than 24 hours unless there
is an immediate threat to the public health, safety, or welfare. Further,
if the personal property obstructs and actually interferes with a
public area or the intended use of the public area, then this timeframe
may be shorter than 24 hours, provided that, if the property owner
is present, they are first advised to cease the interference and/or
to move the personal property causing the obstruction and they decline
to do so.
c.
A statement that, if the personal property is not removed within
the timeframe, then the city will remove and store the personal property
consistent with this section. This statement shall also provide the
location that the personal property will be stored.
d.
If applicable, the nature and purpose of the clean-up.
e.
The date, time, and locations of the scheduled clean-up and/or removal
of the personal property.
f.
A citation to the applicable section of the Cypress Municipal Code
or any other applicable law.
g.
A statement of how the personal property may be reclaimed.
h.
A statement that, if personal property is removed pursuant to this
section, then such personal property may be subject to disposal by
the city pursuant to this section after 90 days from the date of removal.
i.
If applicable, a list of local facilities and shelters where homeless
persons may relocate.
j.
A phone number that the person may call for more information.
k.
Any other additional information as determined by the chief of police.
(ii)
After the timeframe in the notice provided pursuant to Section 17-4(d)(3)(i), the personal property in the public area may be removed, inventoried, stored, and disposed of by the city pursuant to this section. To the extent possible, the inventory list shall be provided to the property owner(s). For any personal property removed, a notice shall be provided in a prominent place in the removal area advising where the personal property is being kept and when it may be claimed by its rightful owner; containing the information pursuant to Sections 17-4(d)(3)(i)(f) through 17-4(d)(3)(i)(j); and containing any other additional information as determined by the chief of police. This notice shall include the date that the removed personal property will be disposed by the city pursuant to this section.
(iii)
The city may determine what, if any, areas of the city suffer from blight due to storage of personal property in any public area, and erect signs in those areas containing the applicable information specified in Sections 17-4(d)(3)(i) and 17-4(d)(3)(ii) so as to provide additional notice.
(4)
Holding and disposal of stored personal property. Except as provided in Section 17-4(d)(8), found personal property shall be deposited and inventoried in a safe place for a period of at least 90 days and found money shall be deposited with the director of finance for a period of not less than 90 days, unless sooner claimed by the true owner. In the event the property or money is not claimed within 90 days, it shall be deemed to be unclaimed personal property and subject to disposal as provided in this section. Any personal property coming into the possession of the chief of police may be immediately disposed without notice, in a manner that the chief of police determines to be in the public interest, when such personal property is trash, perishable, contraband pursuant to state or federal law, or constitutes an immediate threat to the public health, safety, or welfare. Additionally, the city shall not be obligated to store personal property in excess of the city's current overall storage capacity, which is estimated at 2,400 cubic square feet.
(5)
True owner may claim personal property. During the time
that found personal property is held by the city, it may be delivered
or paid to the true owner as follows:
(i)
The personal property shall be delivered upon proof of ownership
satisfactory to the chief of police after 10 days' notice by mail
to others who have asserted ownership, at any address given by such
persons, provided that the city may charge such true owner the reasonable
costs of delivery, or, upon written request from the true owner, the
chief of police may authorize such true owner to pick up such personal
property during regular business hours from the location at which
it is stored. If the personal property consists of money, it shall
be paid to the true owner upon order from the chief of police to the
director of finance.
(ii)
If ownership cannot be determined to the satisfaction of the chief
of police, the police department may refuse to deliver the personal
property or order the payment of such money to anyone until ordered
to do so by a court of competent jurisdiction.
(6)
Unclaimed personal property.
(i)
If the reported value of the personal property is $250 or more (as determined by the chief of police), and the true owner does not appear and prove their ownership of the personal property within 90 days, the chief of police shall cause notice of the personal property to be posted or published pursuant to the City Charter and, if the property owner's identity known, mailed notice to the last known address of the property owner. If, after 10 days following the posting or publication and, if applicable, mailing of the notice, no owner appears and proves his or her ownership of the personal property, then the personal property shall be disposed pursuant to Sections 17-4(d)(7).
(ii)
In the event the reported value of the personal property is less than $250 and no owner appears to prove their ownership of the personal property within 90 days, then the personal property shall be disposed pursuant to Section 17-4(d)(7).
(7)
Unclaimed personal property to be used by city or sold at auction-Notice.
(i)
Upon expiration of the 90 day period and the applicable notice period,
any personal property received by the city and not delivered to the
true owner or finder may be appropriated to the use of the City of
Cypress upon order of the city manager on their finding that the personal
property is needed for a public use, and any personal property not
appropriated to city use may be sold at public auction to the highest
bidder.
(ii)
All unclaimed money received by the chief of police, and not delivered
to the true owner or the finder during the 90-day period and applicable
notice period, shall thereafter be deposited in the general fund.
(iii)
Notice of the sale at auction of unclaimed personal property shall
be given by the city clerk at the direction of the city manager at
least 10 days before the time fixed therefore posted or published
pursuant to the City Charter and, if the property owner's identity
known, mailed notice to the last known address of the property owner.
(iv)
Conduct of auction. An auction for the sale of unclaimed
personal property shall be conducted by the city manager or designee.
(v)
Proceeds to be deposited in general fund. After
any auction for unclaimed personal property is completed, the proceeds
of the auction shall be deposited in the general fund.
(vi)
Unsalable and unusable personal property. Any personal
property advertised and offered for sale but not sold and not suitable
for appropriation to city use shall be deemed to be of no value and
shall be disposed of in such manner as the city manager deems appropriate.
(vii)
The city manager may establish administrative policies and procedures to carry out this Section 17-4(d)(7) consistent with this section and state and federal law
(8)
Trash, dangerous, or perishable personal property. Any personal
property coming into the possession of the chief of police may be
immediately disposed without notice, in a manner that the chief of
police determines to be in the public interest, when such personal
property is trash, perishable, contraband pursuant to state or federal
law, or constitutes an immediate threat to the public health, safety,
or welfare.
(9)
Applicability. The provisions of this Section 17-4(d) shall not apply to the following:
(i)
Real or personal property or money subject to confiscation pursuant
to state or federal law.
(ii)
Personal property that constitutes evidence in an ongoing criminal
investigation and/or civil proceeding pursuant to state or federal
law.
(iii)
Personal property that has been abandoned by its owner. Abandoned
personal property shall be disposed of forthwith.
(iv)
Personal property received by the chief of police or police department
pursuant to Article II of Chapter 20 of this code.
(e)
Exceptions.
(1)
This
section shall not apply to any person camping, occupying camp facilities
or using camp paraphernalia, or to any person storing personal property,
including camp facilities and camp paraphernalia, in any public area
designated by the city for such purposes. The city council may, by
resolution or ordinance, establish specified public areas for such
purposes.
(2)
Absent
exigent circumstances relating to immediate threats to the public
health, safety, or welfare, the provisions of this section will not
be enforced against homeless persons sitting, lying, or sleeping on
public property when no alternative shelter is available in accordance
with the holding in Martin v. City of Boise (9th
Cir. 2018) 902 F.3d 1031, and only during the timeframe that the case
of Martin v. City of Boise (9th Cir. 2018) 902 F.3d
1031 is applicable law within the jurisdiction of the Ninth Circuit,
unless the following procedures are followed:
(i)
"O&E personnel"
"Navigation center" or "navigations centers"
"North SPA"
Definitions. For the purpose of this Section 17-4(e)(2), the following definitions apply:
shall include, but not be limited to, any organization that
the city has contracted with for homeless outreach and engagement
services (e.g., Orange County Health Care Agency, City Net, Mercy
House). Outreach and Engagement Personnel may include city employees,
homeless liaisons and police officers.
shall mean: (1) the feasible, low barrier homeless shelters
within the boundaries of the North SPA, created pursuant to the settlement
agreement; and (2) shelter facilities that are open and operating
within the North SPA prior to August 6, 2019.
shall mean the area designated by the County of Orange as
the "North Service Planning Area," as it may be amended from time
to time by the County of Orange, which includes the geographic limits
of the cities of Anaheim, Brea, Buena Park, Cypress, Fullerton, La
Habra, La Palma, Los Alamitos, Orange, Placentia, Stanton, Villa Park,
and Yorba Linda, and any successor thereof, provided that nothing
herein shall obligate the city to provide services after the expiration
of the same.
(ii)
Procedures. Prior to any citation or arrest for
unlawfully camping, occupying camp facilities or using camp paraphernalia,
storing personal property in public areas, a person shall be referred
to O&E Personnel to determine appropriate shelter placement for
the person in question as follows:
a.
The city shall work with O&E Personnel to offer an appropriate immediately available navigation center placement that is located within the North SPA. If no navigation center is available in the North SPA, but an alternative appropriate and immediately available placement within the County of Orange is identified by O&E Personnel, then the city may offer the homeless person placement at that facility with the consent of such person (such placements outside of the North SPA include, but are not limited to, countywide behavioral health and healthcare placements). This offer of placement shall be considered available alternative shelter for the purposes of this Section 17-4(e)(2) and enforcement so long as the placement does not unreasonably impede the homeless person's ability to access medical appointments and/or outpatient programs in which he or she may be enrolled and work and other support systems in or near the North SPA.
b.
If the homeless person accepts the offered placement outside of the
North SPA, then O&E Personnel will provide for transportation
to the placement outside of the North SPA and assist the individual
in finding necessary transportation to and from scheduled appointment
or work, including, but not limited to, bus passes, when such transportation
is necessitated by placement outside of the North SPA.
c.
If the homeless person declines the offered placement, then this exception under Section 17-4(e)(2) shall not apply and the city may proceed with enforcement of this section after giving such person a warning and an opportunity to immediately leave the location where unauthorized camping is occurring, or an opportunity to voluntarily decide to relocate outside of the jurisdiction of the city, before engaging in citation and/or arrest. If such person relocates upon warning, he or she will not be cited or arrested for violating this section. If the homeless person fails to relocate as directed, then he or she may be issued a citation or, subject to the dispute resolution process under Section 17-4(e)(2)(iii), placed under custodial arrest for such violations. The city shall advise the homeless person of the availability of Section 17-4(e)(2)(iii) and will provide such person the contact information for the plaintiff's attorneys in that certain action filed in the United State District Court, Central District of California, Southern Division entitled "Orange County Catholic Worker, et al., v. Orange County, et al." with Case No. Case No. 8:18-cv-00155 DOC (JDE).
d.
If any alleged violation arises from the homeless person's presence
in a city park outside of the established operational hours of the
park and there is no appropriate and immediately available shelter
placement for such person, then such person must be advised of a location
that he or she may move to and avoid citation or arrest for a violation
of this section until an appropriate and immediately available bed
is made available to such person.
e.
These procedures under Section 17-4(e)(2)(ii) are only mandatory during the timeframe that the case of Martin v. City of Boise (9th Cir. 2018) 902 F.3d 1031 is applicable law within the jurisdiction
of the Ninth Circuit.
(iii)
Alternative dispute resolution. Except for violations of law relating to conduct unrelated to a homeless person's homeless status (e.g., possession of illegal substances or weapons, acts of violence, public intoxication), any disputes relating to the appropriate housing of homeless persons, including, but not limited to, disputes regarding the availability or adequacy of any navigation center or navigation center services offered to a homeless individual pursuant to this Section 17-4(e)(2), shall be subject to the alternative dispute resolution process as provided in the settlement agreement to the extent that such alternative dispute resolution process under the settlement agreement is in effect. This Section 17-4(e)(2)(iii) shall remain in effect in the event that the case of Martin v. City
of Boise (9th Cir. 2018) 902 F.3d 1031 is no longer applicable
law within the jurisdiction of the Ninth Circuit, but only to the
extent that the alternative dispute resolution process under the settlement
agreement is in effect.
(iv)
This exception shall not apply where a homeless person and/or their personal property obstructs and actually interferes with a public area or the intended use of the public area, provided that, absent exigent circumstances relating to immediate threats to the public health, safety, or welfare, the homeless person is first advised to cease the interference and/or to move the personal property causing the obstruction and they decline to do so. However, this Section 17-4(e)(iv) shall not apply if such personal property is unattended.
(f)
Administrative procedures.
The city manager may establish administrative policies and procedures
to carry out this section consistent with this section and state and
federal law, including, without limitation, based on new developments
in applicable case law.
(Ord. No. 1187, § 2, 5-10-21)
No person shall, for profit, for anything of value or for commercial
purposes of any nature, keep, operate, conduct or maintain, either
directly or indirectly, any house, room, apartment, dwelling place
or other place where any game, gambling or gaming not mentioned or
included in section 330 or 330a of the Penal Code of the state is
played, conducted, dealt or carried on whether with cards, dice or
any other device of whatsoever nature for money, checks, credit, merchandise
or other representative of value.
Every person, either as owner, lessor, lessee, principal, agent,
employee, participant or otherwise, who maintains, keeps, operates
or conducts, directly or indirectly, in whole or in part, or who directly
or indirectly is in possession, in whole or in part, of any house,
room, apartment, dwelling place or other place upon or in which any
gambling, games or gaming, prohibited in this section, is played,
conducted, dealt or carried on, and who imposes or collects a fee
or anything of value for the privilege of participating in any way
whatsoever in any such games, gambling or gaming, or who directly
or indirectly gains or receives anything of value or any financial
profit from playing, conducting or dealing of any such games, gambling
or gaming, shall for the purposes of this section be deemed to be
keeping, conducting, operating and maintaining the same for profit
or commercial purposes.
Every person who knowingly permits any of the games, gambling
or gaming which are prohibited to be played, maintained, operated,
conducted or dealt in any house, room, apartment, dwelling place or
other place owned or rented by such person in whole or in part pursuant
to this section is guilty of a violation of this section.
(Ord. No. 5, §§ 1,
2, 3)
No person shall visit, frequent, participate in or knowingly
permit any games, gambling or gaming which is prohibited to be played,
operated, maintained, conducted or dealt in any house, room, apartment,
dwelling place or other place.
Every person who shall place or bet at or against any such games,
gambling, or gaming shall be guilty of a violation of this section.
(Ord. No. 5, §§ 4,
5)
Except as specifically allowed pursuant to the provisions of
Chapter 15C of this Code, no person, either as owner, lessee, manager,
employee, agent or servant, shall conduct, manage, carry on, maintain,
operate, open, deal or deal in or cause or permit to be conducted,
managed, carried on, maintained, operated, opened, dealt, or dealt
in any game, operation or transaction wherein any prize, gift, rebate,
compensation, reward, award, payment or gratuity, consisting of any
money, check, token, credit, goods, wares, merchandise, property or
thing of value, is or is to be given, awarded or delivered, either
directly or indirectly, and wherein chance is a determining factor
or is any determining factor of the result of such game, operation
or transaction which game, operation or transaction is conducted,
carried on, maintained, operated or played by the throwing, tossing,
dropping, depositing or placing of any ball, marker, object, thing
or substance into any perforation, hole or indentation in or upon
any surface, receptacle, container, object or thing having marked,
designated or identified thereon by or with any figure, number, character,
symbol, letter, design or mark of any kind, or by the selecting, designating,
turning, indicating, choosing or projecting of any such figure, number,
character, symbol, letter, design or mark by means of any device,
apparatus or equipment, or by any means or in any manner, or by the
drawing, selecting, choosing or removing from any receptacle or container
of any ball, disk, object, substance or material, marked, designated
or identified by or with any figure, number, character, symbol, letter,
design or mark, any such figure, number, character, symbol, letter,
design or mark hereinabove referred to, corresponding to, duplicating,
referring to or relating to, in whole or in part, directly or indirectly,
any figure, number, character, symbol, letter, design or mark upon
any card, paper, board, fabric, surface, object, substance or thing,
held, used, operated or maintained by any player or participant therein
or by any person, where, by any predetermined or pre-arranged or any
other rule, method, scheme, design or procedure any person is found,
declared or determined to be, or is, or is to be, the winner, donee,
recipient, or taker of such prize, gift, rebate, compensation, reward,
award, payment or gratuity in the event that any such player or participant
pays, deposits, expends, gives or pledges, either directly or indirectly,
or agrees, promises or intends to pay, deposit, expend, give or pledge,
either directly or indirectly, any money, check, credit, property
or thing of value, or makes or agrees to make any purchases for the
privilege of paying or participating therein or of gaining admission
to the place or premises where such game, operation or transaction
is, or is to be played, conducted, carried on, maintained or operated
or to any other place or premises.
No provision of this section shall be deemed or construed as
prohibiting any act made unlawful by the provisions of Sections 320,
321, 330 and 330a of the Penal Code of the state, or of any other
section of such code or general law of the state. It is the intent
of the city to prohibit by this section all games, operations or transactions
herein described, not prohibited by the provisions of any general
law of this state, including all games, operations or transactions
for profit, commonly known as keno, tango, movie tango, beano, skill
ball, fortune, quintain, fascination or inspiration, and all games,
operations or transactions similar thereto under whatever name they
may be designated.
No person shall participate in, play, play in or engage in,
either directly or indirectly, any game, operation or transaction
prohibited by the provisions of this section.
No person owning, leasing, managing, controlling or having any
interest in any property or premises within the city shall cause or
permit the maintenance or operation in or on such property or premises,
having knowledge of or after reasonable notice of the existence of
any game, operation or transaction therein, prohibited by this section.
(Ord. No. 5, §§ 6,
7, 8; Ord. No. 597, § 2, 4-11-77)
No person shall place, display or maintain any property or merchandise
or other article for sale, transfer or exchange without enclosing
such property or merchandise or other article within a building.
For the purpose of this section "building" is defined as any
structure having at least four walls and a ceiling so that it is entirely
enclosed except for windows and doors.
The display for sale of automobiles, farm equipment, live animals,
newspapers, roadside farm produce or similar articles not normally
kept within a building is excepted from the provisions of this section.
(Ord. No. 29, §§ 1,
2, 3)
Every person who by any means engages in the business or practice
of disseminating, distributing, passing out, giving away, handing
out, selling, offering for sale, or soliciting for the sale of any
information, recommendation, opinion or advice from any place within
the city or to any person within the city, whether by oral, written,
pictorial or other communication, including but not limited to any
telephonic, telegraphic, or electronic communication, or any other
form of voice or picture transmission, or by any sheet, dodger, hand
bill, circular, letter, booklet or any other printed, typewritten,
mimeographed or written matter of any kind, pertaining to any horse
race, choice of a horse or horses, recommending any horse or horses,
or otherwise pertaining to a horse race or contest of endurance or
speed between horses or beasts, and whether at a fixed place of business
within the city or otherwise, shall pay a license fee as provided
in chapter 15 of this Code; provided, that the provisions of the section
shall not prohibit or require a license or the payment of a fee for
the sale, distribution or delivery of newspapers of general circulation,
as defined by section 6000 of the Government Code of this state; and
provided further, that the provisions of this section shall not prohibit
or require a license or the payment of a fee by a radio or television
station licensed by the Federal Communications Commission.
No person shall be entitled to act pursuant to such license
until there has been filed with the chief of police the name, address
and photograph of the licensee.
(Ord. No. 33, §§ 1,
2, 4; Ord. No. 384, § 2)
No person shall sell, solicit for sale or offer for sale any of the materials or information described in section 17-10 of this Code upon any day unless a true written copy of such materials or information has been filed in the office of the chief of police on or before 11:00 A.M. of such day in the event that such day is a day on which daytime racing will be conducted, and at or before 5:00 P.M. of such day in the event such day is a day on which night time racing will be conducted.
(Ord. No. 33, § 4; Ord. No. 384, § 3)
No person shall sell, solicit for sale or offer for sale any of the materials or information described in section 17-10 upon the city streets. The violation of this section, in addition to any other penalty, shall be grounds for the cancellation by the city council of any license issued pursuant to chapter 15 of this Code.
(Ord. No. 33, § 3; Ord. No. 384, § 4)
The city council of the City of Cypress hereby finds and determines
that:
(1)
Materials
depicting nudity are being prominently displayed in various establishments
in the City of Cypress, which materials are readily available for
viewing by minors unaccompanied by their parents or guardians;
(2)
Allowing
minors to so view such materials may tend to have a detrimental effect
upon their understanding of the dignity of the human person, their
concept of a proper relationship between the sexes, and their ability
to make sound judgments in the field of sexual morality; and
(Ord. No. 541, § 1, 11-25-74)
For the purpose of the provisions regulating the display of
matter to minors hereinafter set forth, the following words and phrases
shall be construed to have the meanings herein set forth, unless it
is apparent from the context that a different meaning is intended:
means to make available or locate matter in such a manner
so as to make the matter reasonably exposed to view.
means any natural person under 18 years of age.
means any individual, partnership, firm, association, corporation,
or other legal entity.
(Ord. No. 541, § 1, 11-25-74)
Every person is guilty of a misdemeanor who knowingly displays
for purposes of sale any picture, photograph, drawing or similar visual
representation or image of a person over the age of 10 years which:
(1)
Exposes
genitals, pubic hair, buttocks, perineum, anal region, or pubic hair
region; or
(2)
Exposes
any device, costume or covering which gives the appearance of or simulates
the genitals, pubic hair, buttocks, perineum, anal region or pubic
hair region; or
(3)
Exposes
any portion of the female breast at or below the areola thereof;
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and such picture, photograph, drawing or similar visual representation
or image is displayed in such a manner as to be reasonably susceptible
to observation by minors.
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(Ord. No. 541, § 1, 11-25-74)
The City of Cypress is located in an area which at one time
consisted primarily of large farms and dairies which contained many
large and majestic trees. During the development of the city over
a period of years, many of the original trees were cut down. The loss
of these trees has interfered with the natural scenic beauty of the
city, tended to upset the original ecology, diminished the tempering
effect on extreme temperatures, reduced the identity and quality of
the city, reduced the attractiveness of the city to visitors, destroyed
one of the remaining historical links with the city's past, tended
to lower the quality of the environment, interfered with sound growth
and development of the area as a business and residential community,
and depressed property values. For these reasons, this council hereby
finds that the regulation of tree removal will aid in the beautification
of this city, encourage sound development, raise property values,
and promote the health, safety, prosperity, and general welfare of
the residents and property owners of the City of Cypress consistent
with individual rights to develop property in a manner which will
not be prejudicial to the public interest.
(Ord. No. 513, § 1, 8-27-73; Ord. No. 517, § 1, 9-11-73; Ord. No. 938, § 1, 6-12-95)
As used in this part, the phrase "landmark tree" means any tree
designated as a landmark tree on the map on file in the planning department
and made a part hereof. At least three copies of this map shall remain
on file with the city clerk and shall be available for inspection
at the office of the city clerk.
(Ord. No. 513, § 1, 8-27-73; Ord. No. 517, § 1, 9-11-73; Ord. No. 938, § 1, 6-12-95)
Except as provided in this part, no person shall cut down, destroy
or remove any landmark tree growing within the city limits without
a permit from the planning director or designee. The property owner
of such a landmark tree shall submit a written request for review
and consideration of the landmark tree removal and replacement plan
at least 30 days prior to said removal. Public notice of a proposed
landmark tree removal shall be posted next to or on the subject landmark
tree (with materials which will not harm the tree), at the local public
library, and at the Cypress City Hall during the entire thirty-day
application processing period. Application fees for landmark tree
removal permits, landmark tree pruning permits, and landmark tree
adjacent construction permits shall be paid to the city and a receipt
therefor attached to the application as a condition of filing. Such
fees shall be established by resolution of the city council.
(Ord. No. 513, § 1, 8-27-73; Ord. No. 517, § 1, 9-11-73; Ord. No. 938, § 1, 6-12-95)
The planning director, or designee, in determining whether or
not to issue a permit for the cutting, destroying, or removing of
any landmark tree, shall base its decision upon the following criteria:
(1)
The
condition of the landmark tree with respect to disease, general health,
danger of falling, proximity to existing or proposed structures and
interference with utility service;
(2)
The
topography of the land surrounding the landmark tree and the effect
of the removal of the tree on erosion, soil retention, and diversion
or increased flow of surface waters;
(3)
The
number of other trees, both landmark and non-landmark trees, existing
in the neighborhood and the effect of the proposed removal upon property
values in the area and upon the public health, safety, prosperity
and general welfare in the area;
(4)
The
number of healthy trees that the parcel of land upon which such tree
is growing will support, and other good landscaping and forestry practices;
(5)
The
proposed replacement(s), if any, for the tree; and
(6)
Recommendation
from public works director and director of recreation and parks.
(Ord. No. 513, § 1, 8-27-73; Ord. No. 517, § 1, 9-11-73; Ord. No. 938, § 1, 6-12-95)
Except as provided in this part, no person shall prune, trim,
or otherwise modify any landmark tree growing within the city limits
without a permit from the planning director or designee.
(Ord. No. 513, § 1, 8-27-73; Ord. No. 517, § 1, 9-11-73; Ord. No. 938, § 1, 6-12-95)
The planning director, or designee, in determining whether or
not to issue a permit for the pruning, trimming, or other modification
of any landmark tree, shall base his decision upon the following criteria:
(1)
The
condition of the landmark tree with respect to disease, general health,
danger of falling limbs, proximity to existing or proposed structures
and interference with utility service; and
(2)
Good
landscaping and forestry practices.
(Ord. No. 513, § 1, 8-27-73; Ord. No. 517, § 1, 9-11-73; Ord. No. 938, § 1, 6-12-95)
The planning director, or designee, in granting a landmark tree
removal permit or a landmark tree pruning permit, may attach such
reasonable conditions as deemed necessary to insure compliance with
the intent and purpose of this part.
(Ord. No. 513, § 1, 8-27-73; Ord. No. 517, § 1, 9-11-73; Ord. No. 938, § 1, 6-12-95)
No person shall pave any land or construct any structure within
30 feet of any landmark tree unless a landmark tree adjacent construction
permit is first applied for and granted by the planning director or
designee. The director, or designee, may obtain recommendations from
the various interested city departments. In considering an application
for a permit under this section, the planning director, or designee,
shall base his decision on whether the steps necessary to preserve
the health of the landmark tree will be taken, and on good landscaping
and forestry practices. The director, or designee, may attach such
reasonable conditions as necessary to insure compliance with the intent
and purpose of this part.
(Ord. No. 513, § 1, 8-27-73; Ord. No. 517, § 1, 9-11-73; Ord. No. 938, § 1, 6-12-95)
In case of an emergency caused by a landmark tree being in a
hazardous condition posing a direct and immediate threat to person
or property, any member of the Cypress Police Department or Planning
Department may authorize the removal or pruning of the tree. The property
owner of such a landmark tree shall submit a written request for review
and approval of the tree replacement plan within 30 days of the emergency
landmark tree removal.
(Ord. No. 513, § 1, 8-27-73; Ord. No. 517, § 1, 9-11-73; Ord. No. 938, § 1, 6-12-95)
Any decision made by the planning director, or designee, may
be appealed by the applicant, any affected resident or property owner,
or by any member of the city council to the city council. A person
desiring to appeal such a decision shall file a notice of appeal,
in writing, with the city clerk within 30 days after the mailing of
notice of the decision being appealed. The notice of appeal shall
state briefly the grounds therefor and shall be signed by the appearing
[appealing] party. The decision of the city council shall be final.
(Ord. No. 513, § 1, 8-27-73; Ord. No. 517, § 1, 9-11-73; Ord. No. 938, § 1, 6-12-95)
Except as otherwise permitted by this part, any person who cuts down, destroys, moves, prunes, trims, or otherwise modifies any landmark tree or paves any land or constructs any structures within 30 feet of a landmark tree growing within the city limits without a permit to do so, or in violation of the terms or conditions of a permit, is guilty of a misdemeanor and shall be subject to the penalties set forth in section 1-7(a) and (b) of this Code.
(Ord. No. 513, § 1, 8-27-73; Ord. No. 517, § 1, 9-11-73; Ord. No. 833, § 8, 12-11-89; Ord. No. 938, § 1, 6-12-95)
(a)
Purpose. The city council recognizes that few rights are
more fundamental to the democratic process than the right of citizens
to petition their government for the redress of grievances. The city
council further recognizes that this right includes the right of citizens
to request other citizens to join with them in the presentation of
such petitions. However, such petitions may be of doubtful validity
unless regulations are established governing the circulation and filing
thereof. It is, therefore, the purpose of this section to prohibit
certain abuses which may attend the circulation and filing of petitions
in order that the right to petition this city may be made a truly
meaningful method of citizen-to-government communication.
(b)
"Circulator"
"Petition"
"Principal"
Definitions. As used in this section, the following terms
shall have the meanings set forth hereinbelow:
means any person who presents a petition to another person
in order to obtain the signature thereon of such other person, or
who attempts in any way to obtain the signature of another person
on a petition, or who obtains the signature of another person on a
petition.
means a written address, embodying an application, statement,
request or prayer from the person or persons signing the same, to
the City of Cypress or to any body, board, commission, department,
officer or employee thereof, in order to influence any decision which
may be made by such body, board, commission, department, officer or
employee, or requesting that exercise of his or their authority in
the redress of some wrong or the grant or denial of some permit, privilege,
license, or favor. The term "petition" does not include petitions
required by law to initiate proceedings to be undertaken by the city.
Nor does the term "petition" include any petitions authorized or required
by law in connection with an initiative, referendum or recall.
means any person who, directly or indirectly, requests, obtains,
or utilizes the services of another to circulate a petition.
(c)
Misrepresentations. It shall be unlawful for any person
to:
(1)
While
acting as a circulator or a principal, wilfully misrepresent or wilfully
make any false statement concerning the contents, purport or effect
of a petition to any person who signs, or who desires to sign, or
who is requested to sign, or who makes inquiries with reference to,
or to whom the petition is presented for his signature; or
(2)
Circulate
or cause to be circulated any petition knowing it to contain false,
forged or fictitious names.
(d)
Filing requirements. No petition shall be accepted for filing
by the city or considered by any body, board, commission, department,
officer or employee of the city unless:
(1)
Each
page thereof contains a copy of the application, statement, request
or prayer which constitutes the petition; provided, however, that
notwithstanding the foregoing a petition may be accepted for filing
if the person presenting the same declares under penalty of perjury
that each person who signed the petition was presented with and given
an opportunity to read the same text as is included in the petition
submitted to the city;
(2)
Each
circulator of the petition has attached thereto an affidavit stating
(i) that he has complied with all of the laws of the city pertaining
to the circulation of petitions in circulating the petition to which
the affidavit is attached, (ii) that all signatures to said petition
were made in his presence, and to the best of his knowledge and belief,
each signature is the genuine signature of the person whose name it
purports to be, and (iii) the circulator's name and address, the name
of any person or persons on whose behalf or at whose request the petition
was circulated, a statement setting forth whether or not the circulator
was compensated for the circulation of the petition and from whom
any such compensation was promised or received; provided however,
that in the absence of such an affidavit, the circulator of the petition
may supply the information required by this paragraph and either swear
or declare under penalty of perjury the truth thereof; and
(3)
Each
principal attaches thereto an affidavit setting forth his name and
address, the names and addresses of each person who circulated the
petition, and whether or not such person was compensated for such
action.
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It shall be unlawful for any person to file an affidavit required
by this section knowing that said affidavit contains any false or
misleading statements or representations.
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(Ord. No. 527, § 1, 3-11-74; Ord. No. 662, § 1, 6-23-80)
(a)
Automatic checkout system: An electronic system employing
a scanning device combined with a computer and register to read a
universal product code or similar code on packaging and display and
total the cost of the items purchased.
(b)
Consumer commodity:
(1)
Food,
including all material whether solid, liquid or mixed, and whether
simple or compound, which is used or intended for consumption by human
beings or domestic animals normally kept as household pets, and all
substances or ingredients added to any such material for any purpose.
This definition shall not apply to individual packages of cigarettes
or individual cigars.
(2)
Paper
and plastic products, such as, but not limited to, napkins, facial
tissues, toilet tissues, foil wrapping, plastic wrapping, paper toweling,
and disposable plates and cups.
(3)
Detergents,
soaps and other cleaning agents.
(4)
Pharmaceuticals,
including nonprescription drugs, bandages, hygiene products and toiletries.
(c)
Grocery department: An area within a general retail merchandise
store which is engaged primarily in the retail sale of packaged food,
rather than food prepared for immediate consumption on or off the
premises.
(d)
Grocery store: A store engaged primarily in the retail sale
of packaged food, rather than food prepared for consumption on the
premises.
(e)
Person: An individual, firm, corporation, partnership, association
or other organization group or combination acting as a unit.
(f)
Sale item or special: Any consumer commodity offered in
good faith for some appropriate time period, on sale at a price below
the normal price that item is usually sold for in that store.
(Ord. No. 651, § 1, 2-11-80)
Every retail grocery store or grocery department within a general
retail merchandise store which uses an automatic checkout system shall
cause to have a clearly readable price indicated on each packaged
consumer commodity offered for sale; provided, however, that said
requirement shall not apply to:
(1)
Any
unpackaged fresh food produce;
(2)
Any
consumer commodity under three cubic inches in size and weighing less
than three ounces and priced for less than thirty cents ($0.30);
(3)
Any
grocery business which has as its only regular employees the owner
thereof, or the parent, spouse or child of such owner, or in addition
thereto, not more than two other persons employed on a regular schedule
for a continuing period of time;
(4)
Identical
items within a multi-item package;
(5)
Items
sold through a vending machine;
(6)
Any
consumer commodity which was not generally item-priced as of January
1, 1977, as determined by the State of California Department of Food
and Agriculture;
(7)
Any
consumer commodity offered as a sale item or as a special.
(Ord. No. 651, § 1, 2-11-80)
(a)
Any person intentionally violating any of the provisions of section 17-31 shall be deemed guilty of a misdemeanor, and shall be subject to the penalties set forth in section 1-78(a) and (b) of this Code.
(b)
Failure to have a clearly readable price indicated on 12 units of the same item of the same commodity shall give rise to a rebuttable presumption of intent to violate section 17-31.
(Ord. No. 651, § 1, 2-11-80; Ord. No. 833-19, § 9, 12-11-89)
The city council hereby finds and determines as follows:
(a)
Minors
entering local business establishments have been and are being involuntarily
exposed to the display of devices, instruments and contrivances whose
suggested purpose is to aid in the smoking, ingesting or injecting
of marijuana, hashish, PCP and other controlled substances within
the meaning of the health and safety code of the State of California;
(b)
Because
such minors often lack the judgment and discernment of adults, they
frequently find it difficult to make the distinction between the unrestricted
display and sale of such items on the one hand and the actual use
of such items in an unlawful manner on the other hand;
(c)
Thus,
the unrestricted display of such items tends to convey to such minors
the misimpression that society condones and even endorses the use
of such items for unlawful purposes and thereby tends to increase
the use of illegal drugs by minors; and,
(d)
In order
to protect the health, safety and well-being of minors in the community,
the city council hereby finds it necessary to regulate the time, place
and manner in which such items are displayed or offered for sale.
(Ord. No. 656, § 1, 3-10-80)
As used in sections 17-33 through 17-38, the following terms have the meanings ascribed to them herein unless the context clearly otherwise requires:
Any commercial enterprise or establishment, whether ongoing
or transient, and whether occupying indoor or outdoor premises.
To show or to have available for viewing.
Any contrivance, instrument or paraphernalia including, but
not limited to items commonly referred to as bongs, superchargers,
hash pipes, stones, roach clips, coke spoons and coke tubes and straws,
whose advertised or other suggested purposes include aiding in the
smoking, ingesting or injecting of marijuana, hashish, PCP or other
controlled substances within the meaning of the health and safety
code of the State of California, other than prescription drugs.
Any person under 18 years of age.
To transfer possession of, for consideration or as a gratuity.
Includes any and all uses suggested for a particular item
and shall be ascertained by taking into consideration the following
factors:
The design and construction of the item;
Any instructions provided with the item;
The packaging of the item;
Descriptive materials accompanying or displayed in the vicinity
of the item;
National, regional and local advertising of the item;
The overall context in which the item is sold, including but
not limited to the suggested uses of other products displayed in close
proximity thereto; and
The uses commonly associated with the item by members of the
community generally and by persons familiar with illicit drug use.
(Ord. No. 656, § 1, 3-10-80)
No owner, manager, proprietor or other person in charge or control
of any place of business selling, offering for sale, or displaying
for the purpose of sale any drug device shall allow or permit any
minor to be in, remain in, enter or visit the room or rooms where
such selling, offering for sale, or displaying occurs unless such
minor is accompanied by one of either his or her parents or by his
or her legal guardian. This section shall not apply to any pharmacy
or other practitioner (within the meaning of the health and safety
code) when engaged in the lawful distribution or use of devices for
administration of a controlled substance.
(Ord. No. 656, § 1, 3-10-80)
No minor shall be in, remain in, enter or visit any room in
any place of business used for the sale, offering for sale or displaying
for sale of any drug device, unless such minor is accompanied by one
of his or her parents or his or her legal guardian. This section shall
not apply to any pharmacy or other practitioner (within the meaning
of the health and safety code) when engaged in the lawful distribution
or use of devices for administration of a controlled substance.
(Ord. No. 656, § 1, 3-10-80)
No person shall maintain in any place of business to which the
public is invited the display for sale or the offering for sale of
any drug device except within a separate room or enclosure to which
minors not accompanied by parents or legal guardians are excluded.
This section shall not apply to any pharmacy or other practitioner
(within the meaning of the health and safety code) when engaged in
the lawful distribution or use of devices for administration of a
controlled substance.
(Ord. No. 656, § 1, 3-10-80)
The possession of any drug device for the purpose of sale, offering for sale or display in any place of business from which minors are not excluded as set forth in sections 17-35 through 17-37, inclusive, is hereby declared to be a public nuisance and may be abated pursuant to the provisions of section 731 of the Code of Civil Procedure of the State of California.
(Ord. No. 656, § 1, 3-10-80)
No person shall offer for sale or sell any gasoline or other
motor vehicle fuel to the public from any place of business within
the city unless there is posted on such place of business a sign which
is clearly visible and readable from any street or highway adjacent
to such place of business and which indicates the actual price per
gallon, including all taxes, at which each grade of gasoline or other
motor vehicle fuel is currently being offered for sale or sold.
(Ord. No. 658, § 1, 4-28-80)
(a)
It shall be unlawful, and subject to punishment in accordance with Section 1-7 of this code, for any person to appear at any public place or at any place open to public view or on any public street, alley, high-way, sidewalk, court, park, public restroom, railway depot, plaza, public square, public or private parking lot, or any vacant lot in a state of drunkenness or intoxication within the City of Cypress. It shall be unlawful, and subject to punishment in accordance with section 1-7 of this Code, for any person to drink or consume any alcoholic beverage from within or upon any vehicle parked or being driven anywhere within the city.
(b)
It shall be unlawful, and subject to punishment in accordance with section 1-7 of this Code, for any person to be on any private premises or in any private house in a state of drunkenness or intoxication to the annoyance of others.
(c)
The drinking of any intoxicating liquor or any fermented malt beverage, or the possession of any open container which contains an intoxicating liquor or fermented malt beverage, unless specifically permitted by the prior written approval of the city, shall be unlawful, subject to punishment in accordance with Section 1-7 of this Code, and prohibited:
(1)
On
any street, roadway, boulevard, alley, parking lot, sidewalk, or public
way in the city;
(2)
In
the public parking, loading, and access areas of any commercial shopping
center;
(3)
On
any grounds owned by or under the control of a public school district
or public park district within the city, or within a distance of 300
feet from any exterior boundary of such grounds, except on private
residential property or within a property licensed commercial establishment;
and
(4)
Within
any public park, recreational area, or recreation facility owned and/or
operated by the city, county, or any public agency.
(d)
No person
shall drink any intoxicating liquor, or any fermented malt beverage,
or have in his or her possession any open container which contains
an intoxicating liquor or malt beverage, upon property, including
greenbelt areas, common walkways, and common driveways, owned or controlled
by a homeowner's association where:
(1)
The
homeowner's association has requested in writing that the city extend
its drinking prohibition up-on the homeowner's association's property;
and
(2)
The
homeowner's association has posted on the property a notice in substantially
the following form:
Drinking of liquors, beers, or other fermented beverages on
this property, including greenbelt areas, common walkways, and common
driveways, is prohibited and subject to criminal prosecution and a
fine of up to $1,000.
(Ord. No. 677, § 1, 4-27-81; Ord. No. 862, § 2, 4-8-91)
No parent, guardian or other person having custody or control
of a minor shall allow or permit such minor to engage in any act of
wilful misconduct which results in injury or death to another person
or in any injury to the property of another. In addition to any other
remedy provided by law, the city may compel compliance with the provisions
of this section by an appropriate legal action filed in the name of
the city.
(Ord. No. 675, § 1, 1-12-81)
The following words and phrases, whenever used in sections 17-42 through 17-50, shall be construed as defined in this section:
means an area which is devoted to the serving of alcoholic
beverages for consumption by guests on the premises and in which the
serving of food is only incidental to the consumption of such beverages.
Although a restaurant may contain a bar, the term "bar" shall not
include the restaurant dining area.
means property at which bingo games are authorized to be
conducted by organizations licensed pursuant to Chapter 15C of the
Cypress City Code.
means any sole proprietorship, partnership, joint venture,
corporation or other business entity formed for profit-making purposes,
including retail establishments where goods or services are sold as
well as professional corporations and other entities under which legal,
medical, dental, engineering, architectural or other professional
services are delivered.
means any enclosed area containing a counter or tables upon
which meals are served.
means any person who is employed by any employer in the consideration
for direct or indirect monetary wages or profit.
means any person who employs the services of an individual
person.
means closed in by a roof and four walls with appropriate
openings for ingress and egress.
means sports pavilions, gymnasiums, health spas, swimming
pools, roller and ice rinks, bowling alleys and other similar places
where members of the general public assemble to either engage in physical
exercise or participate in athletic competition.
means any theater engaged in the business of exhibiting motion
pictures.
means any corporation, unincorporated association or other
entity created for charitable, philanthropic, educational, character-building,
political, social or other similar purposes, the net proceeds from
the operations of which are committed to the promotion of the objects
or purposes of the organization and not to private financial gain.
A public agency is not a "nonprofit entity" within the meaning of
this section.
means any enclosed area of a structure or portion thereof
intended for occupancy by business entities which will provide primarily
clerical, professional or business services of the business entity,
or which will provide primarily clerical, professional or business
services to other business entities or to the public, from that location.
The term "office workplace" includes, but is not limited to, office
spaces in office buildings, medical office waiting rooms, libraries,
hospitals, and retail sales establishments.
means any enclosed area under the control of a public or
private employer which five or more employees normally frequent during
the course of employment, including but not limited to:
Conference and classrooms;
Employee cafeterias;
Employee lounges and restrooms;
Hallways;
Work areas;
A private residence is not a place of employment, unless said
residence is used as a child care or a health care facility;
The dining area of a restaurant is not a place of employment;
The intent is to include nonprofit corporations, offices and
other facilities maintained by public agencies which are under the
jurisdiction of the city, and other entities not commonly understood
to be business enterprises, though frequented by the public.
means any enclosed area to which the public is invited or
in which the public is permitted, including, but not limited to:
Banks
Educational facilities
Health facilities
Public transportation facilities
Reception areas
Restaurants
Retail stores
Retail service establishments
Retail food production and marketing establishments
Waiting rooms
A private residence is not a public place.
means the "Los Alamitos Race Track" and all facilities therein.
means any coffee shop, cafeteria, luncheonette, tavern, cocktail
lounge, sandwich stand, soda fountain, private and public school cafeteria
or eating establishment, and any other eating establishment, organization,
club, including veterans' club, boardinghouse, or guesthouse which
gives or offers for sale food to the public, guests, patrons, or employees
as well as kitchens in which food is prepared on the premises for
serving elsewhere, including catering functions, except that the term
"restaurant" shall not include a cocktail lounge or tavern if said
cocktail lounge or tavern is a "bar" as defined above.
means any indoor line at which one or more persons are waiting
for or receiving service of any kind whether or not such service involves
the exchange of money.
means inhaling, exhaling, burning or carrying any lighted
cigar, cigarette, weed, plant or other combustible substance in any
manner or in any form.
means a retail store utilized primarily for the sale of tobacco
products and accessories and in which the sale of other products is
merely incidental.
(Ord. No. 777, § 1, 7-29-87)
(a)
In office
workplaces having a total floor area greater than fifteen hundred
(1,500) square feet, and which are normally occupied by five or more
employees or which contain conference rooms, meeting rooms or classrooms,
smoking is prohibited, and shall be so designated as required herein,
in at least 50% of the total floor area. In workplaces containing
fifteen hundred (1,500) or less square feet in total floor area and
which are commonly utilized as conference rooms, meeting rooms or
classrooms, nonsmoking employees in such office workplaces may request
that smoking be prohibited therein and smoking shall be prohibited
in the subject area upon the request being made.
(b)
In cafeterias,
lunchrooms, lounges, or any other areas provided for the benefit of
employees during nonworking periods such as meal periods and normal
break periods, nonsmoking areas, complete with similar accommodations
as are otherwise provided to employees who smoke in such areas, shall
be provided on an "as needed" basis, upon prior request by affected
nonsmoking employees.
Notwithstanding the foregoing provisions, at least 25% of the
seating provided in the areas described above shall be in a contiguous
area designated as a no-smoking area.
(c)
Nonsmoking
employees in office workplaces who request to work in a smoke-free
area shall be given reasonable consideration by their employer. However,
employees may designate their immediate work area as a no-smoking
area, subject to approval by their employer.
Each employer is authorized to prohibit smoking in any or all
areas within such employer's business.
(d)
In any dispute arising under the provisions of this section 17-43, employers shall make reasonable efforts to accommodate nonsmoking employees. "Reasonable efforts," as that term is used in this paragraph, shall include, but are not limited to, reference by the employer to relevant policies adopted by the Chamber of Commerce of the City of Cypress and the City of Cypress.
Aggrieved employees are encouraged to file written complaints
with their respective employers. Employees who do not receive satisfaction
should then file a written complaint with the City of Cypress.
(Ord. No. 777, § 1, 7-29-87)
Notwithstanding any other provision of sections 17-42 through 17-50 to the contrary, the following areas shall not be subject to these smoking restrictions:
(1)
Bars;
(2)
Bingo
facilities during the period of time utilized to play bingo;
(3)
Race
track;
(4)
Private
residences, except when used as a child care or health care facility;
(5)
Hotel
and motel rooms rented to guests;
(6)
Retail
tobacco stores;
(7)
Eating
establishments, hotel and motel conference/meeting rooms, and public
and private assembly rooms while these places are being used for private
assembly functions;
(8)
A private
residence which may serve as a place of employment;
(9)
A private
enclosed office workplace occupied exclusively by smokers, even though
such an office workplace may be visited by nonsmokers;
(10)
Semiprivate
rooms of health facilities occupied by one or more patients, all of
whom are smokers who have requested in writing in the health care
facilities admissions forms to be placed in a room where smoking is
permitted;
(11)
Notwithstanding
any other provision of this section, any owner, operator, manager
or other person who controls a business may declare that entire business
as a nonsmoking establishment.
(Ord. No. 777, § 1, 7-29-87)
Smoking shall be prohibited in the following places within the
City of Cypress:
(1)
Elevators.
(2)
Public
restrooms.
(3)
Indoor
service lines.
(4)
Retail
stores doing business with the general public, except areas in said
stores not open to the public and all areas within retail tobacco
stores.
(5)
All
enclosed areas available to and customarily used by the general public
in all business or nonprofit entities patronized by the public, including,
but not limited to, attorney's offices and other offices, banks, hotels
and motels. The intent is to include nonprofit corporations, offices
and other facilities maintained by public agencies which are under
the jurisdiction of the city, and other entities not commonly understood
to be business enterprises, though frequented by the public.
(6)
Smoking
is prohibited and is unlawful in every publicly or privately owned
coffee shop, cafeteria, short-order cafe, luncheonette, sandwich shop,
soda fountain, restaurant, or other eating establishment serving food,
the seating capacity of which is 50 or more persons, excluding from
that calculation of capacity any portion of such facility which is
located outdoors and any portion of such facility which is utilized
for bar purposes; provided, however, this prohibition shall not apply
to any such establishment maintaining a contiguous nonsmoking area
of not less than one-quarter of both the seating capacity and the
floor space in which customers are being served, excluding from said
calculations any portion of such facility which is located outdoors
and any portion of such facility which is utilized for bar purposes;
further provided, however, that this prohibition shall not apply to
any closed rooms within any eating establishment utilized for private
functions so long as such room is used for such private functions.
Upon request, patrons shall be seated in a nonsmoking area, if available.
Reasonable efforts shall be made by eating establishments having
a seating capacity of 49 or less persons to provide seating for nonsmoking
patrons away from patrons who smoke.
(7)
In public
areas of aquariums, libraries, and museums when open to the public;
provided, however, this prohibition does not prevent the designation
of a separate room for smoking.
(8)
Within
any building not open to the sky which is primarily used for, or designed
for the primary purpose of exhibiting any motion picture, stage drama,
lecture, musical recital or other similar performance, except when
smoking is part of a stage production; provided, however, this prohibition
does not prevent designating a contiguous area containing no more
than 50% of any area commonly called a lobby as a smoking area.
(9)
Within
every room, chamber, place of meeting or public assembly, including
school buildings under the control of any board, council, commission,
committee, including joint committees, or agencies of the city or
any political subdivision of the state during such time as a public
meeting is in progress.
(10)
Waiting
rooms, hallways, wards and semiprivate rooms of health facilities,
including but not limited to, hospitals, clinics, physical therapy
facilities, doctors and dentists' offices, except in separate designated
smoking areas.
(11)
In
bed space areas utilized for two or more patients, smoking shall be
prohibited unless all patients within the room are smokers and request
in writing upon the health care facility's admission forms to be placed
in a room where smoking is permitted.
(12)
Notwithstanding
any other provision of this section, any owner, operator, manager
or other person who controls any establishment described in this section
may declare that entire establishment as a nonsmoking establishment.
(Ord. No. 777, § 1, 7-29-87)
"Smoking" or "No Smoking" signs, whichever are appropriate, with letters of not less than one inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted in every room, building or other place where smoking is regulated by sections 17-42 through 17-50 by the owner, operator, manager or other person having control of such building or other place.
Every theater owner, manager or operator shall post signs conspicuously
in the lobby stating that smoking is prohibited within the theater
or auditorium, and in the case of motion picture theaters, such information
shall be shown upon the screen for at least five seconds prior to
the showing of each feature motion picture.
Every restaurant will have posted at its entrance a sign clearly
stating that a nonsmoking section is available, and every patron shall
be asked as to his or her preference.
(Ord. No. 777, § 1, 7-29-87)
Such exemption shall be granted only if the city manager or
his designee finds from the evidence presented that due to such unusual
circumstances, the failure to comply with the provisions for which
the exemption is requested will not result in a danger to health or
annoyance, inconvenience, or discomfort to nonsmoking members of the
public.
(Ord. No. 777, § 1, 7-29-87)
(a)
It shall
be unlawful to smoke in any area posted as a nonsmoking area.
(c)
Violation of any of the provisions of sections 17-42 through 17-50 shall be deemed an infraction. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as follows:
(Ord. No. 777, § 1, 7-29-87)
A violation of any of the provisions of sections 17-42 through 17-50 shall also constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisance.
(Ord. No. 777, § 1, 7-29-87)
The city council declares that, should any provision, section paragraph, sentence or word of sections 17-42 through 17-50 be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of such provisions shall remain in full force and effect.
(Ord. No. 777, § 1, 7-29-87)
(a)
Smoking lounge.
Definitions.
A business establishment that is dedicated, in whole or in
part, to the smoking of tobacco or other substances including, but
not limited to, establishments known variously as cigar lounges, hookah
cafes, tobacco clubs or tobacco bars.
(b)
Permit required.
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.010
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It is unlawful for any person to engage in, conduct, or carry
on, in or upon any premises within the city the business of a smoking
lounge in the absence of a permit issued pursuant to this chapter.
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.020
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The holding or conducting of any event or activity subject to
the provisions of this chapter without a valid permit issued therefore
pursuant to the provisions of this chapter, unless expressly exempt
hereunder, is declared a public nuisance.
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(c)
Operating requirements for smoking lounges. It is unlawful
for any person to engage in, conduct, or carry on, in or upon any
premises with in the city the business of a smoking lounge except
in compliance with all of the following requirements:
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.010
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The business shall be owner-operated or otherwise exempt from
the prohibition of smoking in the workplace set forth in Labor Code
§ 6404.5.
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.020
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No alcoholic beverages shall be sold or consumed on the premises.
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.030
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No persons under 18 years of age shall be permitted within the
business.
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.040
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No live entertainment, including but not limited to, singers,
DJs, dancers and comedians shall be permitted in such business except
as provided in articles I and II of chapter 9 of the Cypress City
Code.
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.050
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All business-related activities shall be conducted wholly within
a building. No outdoor seating shall be permitted. Operation of outdoor
barbeques or braziers or the lighting of coals or other heating devices
shall not be permitted.
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.060
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No admittance fee, cover charge or requirement of any charge
or minimum payment as a condition of entry shall be permitted.
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.070
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Uniformed security guard(s) shall be provided, as deemed necessary
by the chief of police or the chief's designee.
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.080
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No window coverings shall prevent visibility of the interior
of the tenant space from outside the premises during operating hours.
Any proposed window tint shall be approved in advance by the Cypress
Police Department.
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.090
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The interior of the business shall be maintained with adequate
illumination to make the conduct of patrons within the premises readily
discernable to persons of normal visual acuity.
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.100
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Amusement game machines as defined by chapter 15E of the Cypress
City Code shall not be permitted anywhere within the business.
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.110
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Adequate ventilation shall be provided for the heating of coals
in accordance with all requirements imposed by the Orange County Fire
Authority or as otherwise required by state or federal laws.
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.120
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Parking shall be provided using the standard for nightclubs
(one space/three persons based on occupancy as determined by the building
official).
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.130
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The occupancy shall not exceed the lesser of (i) the occupancy
limit for the premises established by the building official, or (ii)
an occupancy limit established as a condition of the permit approved
pursuant to this chapter.
|
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.140
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The business shall also be in conformity with all other city,
state and federal laws.
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(d)
Application for permit.
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.010
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Applications for permits pursuant to this chapter shall be filed
with the community development director or the director's designee
on forms provided by the director and shall include a nonrefundable
application fee in an amount designated by resolution of the city
council and, at least, shall contain the following information:
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a.
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The legal name, address, e mail address, fax, cell phone and
telephone number of the owner(s) of the proposed establishment making
application;
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b.
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The legal name, address, e-mail address, fax and telephone number
of the owner(s) of the premises where the proposed establishment seeks
to operate;
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c.
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The legal name, address, fax and telephone number of the person
submitting the application as authorized agent of the owner(s) of
the premises where the proposed establishment seeks to operate;
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d.
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The business name, address and telephone number under which
the business activity will be conducted;
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e.
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A listing of all similar business(es) any and all of the above
referenced individuals have operated or are operating including the
business(es) name, physical address(es) and telephone number(s);
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f.
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The exact nature and location of the activity for which the
permit is requested and an estimate of the numbers of patrons of the
establishment, including a dimensioned floor plan showing all physical
improvements and exiting pathways;
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g.
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A security plan for control of pedestrian and vehicular traffic
and prevention of unlawful conduct by employees and patrons (such
as assaults, vandalism, littering, theft, sale or use of controlled
substances, vehicle code violations, and consumption of alcohol) either
within the building(s) or outside in the areas affected by the public
patronizing the business; provided, however, that this requirement
shall be excused in the case of a noncommercial activity or event
where the public is invited free of charge and which event shall not
be in conjunction with any other commercial activity;
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h.
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A plan for the control of noise affecting nearby premises (noise
control plan) with special at-tention to prevention of noise nuisance
to nearby residences, if any, including but not limited to amplified
sound within the business premises, within vehicles of business patrons,
vehicles of business patrons, or the business patrons themselves;
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i.
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The proposed operational days and hours of the business;
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j.
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Such other information pertaining to the public health, safety
and welfare as may be required by the community development director
to ensure compliance with the provisions of this section and of the
requirements of the Cypress City Code and Cypress Zoning Code related
to smoking lounges and, in addition, any information that the applicant
may wish to include.
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.020
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The submittal of false information on the application shall
constitute grounds for denial of the application and the permit.
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(e)
Action by community development director upon application.
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.010
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Upon the filing of an application, the community development
director or the director's designee shall determine whether the application
is complete. If the application is not complete, the community development
director shall, within five business days, give written notice by
mail or personal delivery to the applicant advising that the application
is incomplete and cannot be acted up-on. The notice shall state what
information is needed to complete the application.
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.020
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Upon the filing of a completed application, the community development
director or the director's designee shall conduct such investigation
as the director or the designee deem necessary (including consultation
with the planning, police, and Orange County Fire Authority representatives)
and inspection of the proposed premises as needed. Within 20 business
days after receipt of a completed application, the community development
director or designee shall either grant or deny the application. A
change in ownership of the business shall require the submittal and
evaluation of a new smoking lounge permit application.
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.030
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An application for a smoking lounge permit pursuant to this section shall be granted by the community development director subject to compliance with the requirements set forth herein and in section 3.17.215 of the Cypress Zoning Code, unless it is found and determined that issuance of the permit would allow the smoking lounge to be held or conducted:
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a.
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In violation of any provision of the Cypress City Code, Cypress
Zoning Code or any state of federal laws; or
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b.
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In a building or structure which is hazardous to the health,
safety or general welfare of the employees or patrons of the business,
activity or event, or the general public, under the standards established
by the uniform building codes, fire codes or other such codes as are
adopted or may be adopted pursuant to the Cypress City Code; or
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c.
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On premises which lack adequate on-site parking for employees and the public attending the proposed event or activity, under the standards set forth in subsection 17-51.C.120 above or in table 2-9 of section 2.06.050 of the Cypress Zoning Ordinance as may be applicable, except for existing uses that are legal and nonconforming with respect to parking; or
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d.
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In a manner in which proposed security measures are determined
to be inadequate to deter unlawful conduct on the part of employees
and patrons, or to promote the safe and orderly assembly and movement
of persons and vehicles, or the proposed noise control plan is determined
to be inadequate to prevent disturbance of the neighborhood by excessive
noise created by the activity or by patrons entering, leaving or loitering
in and around the premises.
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(f)
Notification.
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.010
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The community development director shall give written notice
to the applicant of action taken up-on the completed application,
including any conditions of approval, within 20 business days after
receipt of the completed application.
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.020
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In the event the application is denied, written notice of such
denial shall be given to the applicant specifying the grounds for
such denial. The notice shall also advise the applicant of the right
to appeal the denial of the application and shall state the last date
on which an appeal may be filed, which shall state the fifteenth working
day after the date on which the notice was deposited in the mail or
was personally delivered to the applicant.
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(g)
Appeal to city council—Notice and hearing.
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.010
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An applicant whose application for a smoking lounge permit has
been denied or has been granted conditionally may appeal such decision
directly to the city council by filing an appeal with the community
development director subject to the payment of a nonrefundable appeal
fee in an amount designated by resolution of the city council. The
time within which such written appeal may be filed shall expire at
the end of the fifteenth working day after the date on which notice
to the applicant of the action on his application was personally delivered
or deposited in the mail.
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.020
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Upon the filing of a timely appeal, the city clerk shall set
a hearing to be held within 15 business days from the date of receipt
of such appeal. The applicant, by written request, may waive the time
limits set forth in this section except the time within which an appeal
may be filed.
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(h)
City council action upon appeal. After an administrative hearing and consideration of the report and recommendation of the community development director and any written materials submitted by the applicant or other persons, the city council shall either grant the permit with or without conditions, or shall deny the permit upon finding that issuance thereof would result in any of the circumstances set forth in subsection (j). The decision of the city council shall be final.
(i)
Issuance of permit—Conditions.
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.010
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After the decision approving or conditionally approving any
permit becomes final, the community development director or the director's
designee shall issue the permit.
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.020
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The permit shall be issued subject to compliance with all operating requirements in subsection (c) and such additional conditions as may be required to ensure compliance with city regulations governing the matters contained in the application.
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(j)
Revocation of permit.
|
.010
|
Any permit issued pursuant to the provisions of this section
shall be revoked by the city council following a hearing on the basis
of any of the following:
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a.
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That the business or activity has been conducted in a manner
which violates one or more of the conditions imposed upon the issuance
of the permit or which fails to conform to the plans and procedures
described in the application, or which violates the occupant load
limits set forth by the building official; or
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b.
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That the permittee has failed to obtain or to maintain all required
city, county and state licenses and permits; or
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c.
|
That the permit is being used to conduct an activity different
from that for which it was issued; or
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d.
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That the permittee misrepresented any material fact in the application
for the permit or has not answered each question therein truthfully;
or
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e.
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That the permittee has failed to comply with one or more of
the required conditions and has failed to cure such noncompliance
after reasonable notice thereof; or
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f.
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That the building or structure in which the permitted event
or activity is held or conducted, or is to be conducted, is hazardous
to the health, safety and general welfare of the employees or patrons
of the business, activity or event, or of the general public, under
the standards set forth in the uniform building and/or fire codes
as such codes shall be adopted from time to time: or
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g.
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That the permitted event or activity creates sound levels which
violate any ordinance of the city; or
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h.
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That the security measures provided are inadequate to deter
unlawful conduct on the part of employees or patrons, or to promote
the safe and orderly assembly and movement of persons and vehicles,
or that the noise control measures provided are inadequate to prevent
disturbance of the neighboring properties by excessive noise created
by patrons entering, loitering or leaving the premises where the activity
takes place.
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.020
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Written notice of the hearing on the proposed permit revocation,
together with written notification of the specific grounds of complaint
against the business or activity of the permittee, shall be personally
delivered or sent by certified mail to the permittee at least 10 days
prior to the hearing.
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.030
|
In the event a permit is revoked pursuant to the provisions
of this section, another permit shall not be granted to the permittee,
or to any other applicant, for the subject location within 12 months
after the date of such revocation. The city council's determination
following a public revocation hearing shall be based on written findings
and shall be final and conclusive in the matter.
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(k)
Application to existing businesses. Any smoking lounge lawfully
existing on the effective date of this section which becomes a nonconforming
use by reason of the adoption of this section shall cease operation,
or otherwise be brought into full compliance with the provisions of
this section, not later than either (i) one year following the effective
date of this section, or (ii) six months following the date of written
notice provided below, whichever is later (the "amortization period"),
except that no lawfully existing smoking lounge shall be deemed to
be nonconforming for failure to comply with the location and parking
requirements established for such uses by this section unless said
business is terminated for any reason or voluntarily discontinued
for a period of 60 consecutive calendar days or more following the
effective date of this section. A smoking lounge which is not operational
due to a fire, flood or natural disaster on the effective date of
this section shall be deemed a "lawfully existing smoking lounge"
for the purposes of this section provided such smoking lounge resumes
operation within a period of not more than two years from the date
of said fire, flood or natural disaster which rendered such business
nonoperational. Any such lawfully existing smoking lounge may continue
to operate, provided said operation is in conformity with all other
applicable city, state and federal laws, until the application pursuant
to this section has been acted upon and the decision thereon has become
final.
(l)
Rules and regulations. The city may establish reasonable
administrative rules and regulations to implement the provisions of
this section. A copy of such rules and regulations shall be made available
to applicants by the community development director.
(m)
Penalty. Any person violating or failing to comply with
any of the provisions of this section is guilty of a misdemeanor and
shall be subject to a fine of not to exceed $1,000 or by imprisonment
not to exceed six months, or by both such fine and imprisonment. Each
such person is guilty of a separate offense for each and every day
during any portion of which any violation of the provisions of the
section is committed.
(Ord. No. 1073, § 1, 4-10-06)
Except as is otherwise expressly provided in this chapter, it
shall be unlawful for any person to possess, to store, to manufacture,
to fabricate or assemble, to offer for sale, to expose for sale, to
sale or resale, or to explode, to use, or to discharge any fireworks
within the city. "Fireworks" as used in this chapter, shall be defined
as any device containing chemical elements and chemical compounds
capable of burning independently of oxygen of the atmosphere and producing
audible, visual, mechanical, or thermal effects which are useful as
pyrotechnic devices or for entertainment. The term "fireworks" includes,
but is not limited to, devices designated by the manufacturer as fireworks,
torpedoes, skyrockets, Roman candles, rockets, Daygo bombs, sparklers,
party poppers, paper caps, chasers, fountains, smoke sparks, aerial
bombs, and fireworks kits, and any additional provisions as may be
set forth in the Health and Safety Code, § 12511 as it may
be amended from time to time.
Exception: Nothing in this section shall preclude
the presentation of a public display of fireworks including, but not
limited to "safe and sane" fireworks, by the city. The city council
may contract with a person, firm, partnership, or corporation to provide
such public display or the city council may authorize by special permit
any organization to contract with a person, firm, partnership, or
corporation to provide such public display of fireworks upon terms
and conditions deemed advisable by the city council. Applications
for such special permit shall be submitted at least 45 days prior
to the date of said display.
(Ord. No. 792, § 2, 1-11-88; Ord. No. 1073, § 2, 4-10-06)
Any person, firm, partnership, or corporation violating any provision of section 17-51 shall be deemed guilty of a misdemeanor and shall be subject to the penalties set forth in section 1-7(a) and (b) of this Code. Each such person, or persons, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every firework discharged, for each and every firework sold, and for each and every day or portion thereof during which any violation of section 17-51 is committed, continued or permitted by such person, persons, firm, partnership, or corporation, and shall be deemed punishable therefor as provided in section 1-7(a) and (b) of this Code.
(Ord. No. 792, § 2, 1-11-88; Ord. No. 833, 10, 12-11-89; Ord.
No. 1073, § 2, 4-10-06)
The violation of any of the provisions of section 17-51 shall constitute a nuisance and may be abated by the city through civil process by means of restraining order, preliminary or permanent injunction, or in any other manner provided by law for abatement of nuisances.
(Ord. No. 792, § 2, 1-11-88)
No person shall urinate or defecate on private property in any area exposed to the public view, or on any public street, sidewalk, alley, park, or other public place, except in a public or private restroom. It shall be unlawful, subject to punishment in accordance with section 1-7 of this Code for any person to violate any provision of this section.
(Ord. No. 862, § 3, 4-8-91)
Wherever used within section 17-61 through 17-68, the following terms shall have the meaning set forth below:
The giving, signaling, or transmission to the fire department,
its station(s) or companies or to any officer, or employee thereof,
whether by telephone, spoken word, or otherwise, an indication or
information to the effect that there is a fire, or other emergency
at or near the place indicated by the person, devices, or system giving,
signaling, or transmitting such information.
The work, occupation, or profession of any person who performs,
authorizes, directs, or causes the selling, leasing, maintaining,
servicing, inspection, repairing, altering, replacement, moving, or
installing of any alarm system, including any business that monitors
alarms.
Any person who purchases, leases, contracts for, or otherwise
obtains an alarm system or the servicing or maintenance of an alarm
system.
Any manual, mechanical, or electrically operated circuits,
instruments, and/or devices, when activated emits a sound or transmits
alarms, a message, and/or trouble signals for the protection of life
and property from heat, smoke, fire, hazardous materials, or medical
emergency. Provided, however, that this definition shall not include
domestic smoke, fire or burglar alarm devices whose primary purpose
is to awaken, or alert persons on the premises and which emit a light,
or sound only within the protected premises.
Any electrical, electronic, or mechanical device capable
of being programmed to send a prerecorded message, when activated,
over a telephone line or dedicated circuit to a central station.
An office to which remote and supervisory signaling circuits
are connected, where personnel are in attendance at all times to supervise
the circuits and investigate signals.
Alarm system electronically or otherwise connected directly
to the emergency response agency from the protected premises.
An alarm necessitating response by the fire department where
an emergency situation does not exist. This shall include mechanical
failure, accidental tripping, misoperation, malfunction, misuse, or
neglect of an alarm system.
The Orange County Fire Department. Fire department includes
and also means the emergency response agency.
(Ord. No. 858, § 2, 12-10-90)
All alarm systems shall meet or exceed the standards established by the fire department including National Fire Protection association Codes 72A and 72C, and such other regulations as may be adopted by the Orange County Board of Supervisors and/or the City Council of the City of Cypress. All alarm systems, equipment, installations, and repairs and all fire and other emergency drills shall comply with rules and regulations promulgated by the emergency response agency or the fire department regulating the times and conditions under which such installations, repairs, tests, or drills may be made. All audible alarm systems shall, after activation, limit the generation of the audible sound to a maximum of 15 minutes when the system is protecting residential premises, and 30 minutes when an alarm is protecting any other premises. This limitation shall be incorporated into the equipment at the protected premises. Said systems may include an automatic resetting device causing the alarm system to rearm upon automatic shut off. The director or designee or the fire department may exempt any alarm system or kind or type of alarm system from any or all of the requirements of sections 17-60 through 17-68 if in his/her opinion such system does not create a substantial danger of generating false alarms necessitating a response by an emergency response agency or the fire department.
(Ord. No. 858, § 2, 12-10-90)
All central stations or any business which receives signals
that an emergency exists at a protected premises and transmits that
information to the emergency response agency or the fire department
shall be required to have a permit from the fire department which
shall be renewed annually.
(Ord. No. 858, § 2, 12-10-90)
(a)
No automatic
communication device shall be programmed to the "911" emergency line.
(b)
Direct
alarm systems shall not be connected to any emergency response agency
or the fire department except with the express written permission
of the emergency response agency or said department.
(c)
No person
shall lease, maintain, install, or use any alarm system which automatically
direct dials the telephone number of the fire department.
(Ord. No. 858, § 2, 12-10-90)
(a)
Each
alarm business shall provide accurate and complete instructions to
the alarm system user in the proper use and operation of said system
which is provided to the user by that business or which is monitored
by that business. Specific emphasis shall be placed on the avoidance
of false alarms.
(b)
The
alarm subscriber or user shall maintain the alarm system and equipment
in proper working order at all times.
(c)
When
an alarm system has been activated for an alarm subscriber, the alarm
business or central station shall arrange for a representative to
have the ability to be present at the location of the alarm within
one hour after being requested by the fire department. The user of
an alarm system which is not connected to an alarm business or central
station shall designate a person to be available to respond to the
protected property within one hour after being requested by the fire
department.
(Ord. No. 858, § 2, 12-10-90)
In addition to such other fines or penalties established by
law, a false alarm service fee is hereby imposed upon the residential
occupants and/or commercial owner(s) and/or operator(s) of the premises
wherein a false alarm was made and any central station owners and
operators who initiated the fire department's response to such premises.
The city council is hereby authorized to set by resolution the amount
of each fee which shall be charged to those city residents who incur
false alarm charges and/or penalties and other mis-cellaneous charges
relating to alarm systems and businesses for services provided by
the fire department. Said fees are hereby imposed effective January
[July] 1, 1991, as may be amended by the city council from time to
time. The County of Orange is hereby authorized to administer and
take collection and enforcement action as may be necessary on such
fees, charges, and/or penalties.
(Ord. No. 858, § 2, 12-10-90)
[1]
Editor's note: The city has advised that implementation of sections 17-60—17-68, derived from Ord. No. 858, § 2, adopted Dec. 10, 1990, was delayed from January 1, 1991, to July 1, 1991, at the request of the Orange County Fire Department, and such provisions will not be enforced until such time as a new fee schedule resolution is adopted.
No person shall intentionally initiate a false alarm except for purposes of testing an alarm system and then only if made in accordance with the rules and regulations of the fire department therefor and after having given the emergency response agency or the fire department prior notice thereof. Any person who violates this section shall be guilty of a misdemeanor and subject to punishment in accordance with section 1-7(a) and (b) of this Code.
(Ord. No. 858, § 2, 12-10-90)
It shall be unlawful and a misdemeanor, subject to punishment in accordance with section 1-7(a) and (b) of this Code, for any person to tamper with, render inoperative, or maliciously damage any alarm system maintained for the purpose of sounding or transmitting alarms excepting alarm systems undergoing approved maintenance or repairs.
(Ord. No. 858, § 2, 12-10-90)
Any violations of sections 17-60 through 17-67 shall be an infraction, subject to punishment in accordance with section 1-7(c) of this Code, unless otherwise noted herein. The provisions of sections 17-60 through 17-67 may be enforced by the city and the fire department.
(Ord. No. 858, § 2, 12-10-90)
(a)
"Private property"
"Public property"
"Scooter"
"Skateboard"
"Skate facility"
For
purposes of this section, the following words shall have the meanings
ascribed below:
shall mean any property held by private interests which is
used primarily for business, commercial, residential or recreational
purposes.
shall mean any property owned or maintained by the City of
Cypress or any property owned or maintained by any other public entity.
shall mean a skateboard to which there is a fixed device
or mechanism to turn or control the wheels or the board.
shall mean a board of any material which has wheels attached
to it and which if propelled or moved by human, gravitational, or
mechanical power, and to which there is not fixed any device or mechanism
to turn or control the wheels.
shall mean any area designated by resolution of the city
council as a skateboard facility for exclusive use of skateboards
and roller skates/in-line skates.
(b)
It shall be unlawful and subject to punishment in accordance with subsection (e) of this section for any person utilizing or riding upon a skateboard or scooter to ride or move about in or on any public or private property when the same has been posted as an area where riding a skateboard or scooter is prohibited. Skateboarding shall be permitted in designated skate facilities, subject to the regulations contained in section 17-71.
(c)
Prior
to the enforcement of the prohibition against skateboard and scooter
riding as provided in this section, the property owner of the area
so designated shall cause to be posted a sign which provides substantially
as follows:
Skateboard and scooter riding is prohibited by section 17-69 of the Code of the City of Cypress. Any violation is punishable by a fine of up to $100.00 and may result in the confiscation of the skateboard or scooter. Repeat offenders may be arrested.
Such prohibition shall apply to the property so designated once
posted in plain view at all entrances to the property, and on a sign
which is not less than 17 inches by 21 inches in size with lettering
not less than one inch in height.
(d)
The
provisions of this section shall not be construed to prohibit persons
from engaging in organized special events conducted and scheduled
by the property owner, nor to prohibit the property owner from conducting
such special events.
(e)
Violation of this section shall be an infraction punishable by a fine of $25 for a first offense; $50 for a second offense; and a fine of $100 for a third and subsequent offense. Repeat offenses beyond the third infraction may be deemed a misdemeanor and punishable in accordance with section 1-7(a) of this Code. Notwithstanding any other provision of this Code, violation of this section may be processed as administrative citations pursuant to section 1-12.1. Additionally, any violation involving the use of a skateboard may result in the temporary confiscation and storing of the skateboard by a peace officer or enforcement officer for a period not to exceed 24 hours. In the event a skateboard is confiscated from a minor, the parent or guardian of the minor may be required to claim the skateboard.
(Ord. No. 902, § 1, 10-12-93; Ord. No. 1041, § 1, 4-28-03)
(a)
No person
shall conduct, engage in, or participate in any sport, game, or any
organized or unorganized athletic activity or activities within or
upon any property owned by the city in any area where the city council
has prohibited such sports, games, or activities by resolution and
posted signs prohibiting the same in that area.
(b)
For
purposes of this section, the terms "sport," "game," or "athletic
activity" shall include, but not be limited to, any activity, sport,
game, or event utilizing any of the following items set forth below:
(1)
"Baseball
bat."
(2)
"Bicycle"
which shall mean and include any device upon which a person or persons
may ride, which is propelled by human power through a system of belts,
chains, or gears, and which has wheels at least 20 inches in diameter
and a frame size of at least 14 inches.
(3)
"Hockey
stick" or "lacrosse stick."
(4)
"Puck"
which shall mean a hard rubber disk used in hockey as the playing
and scoring medium.
(5)
"Roller
skate" which shall mean any footwear or device which may be attached
to the foot or footwear to which wheels are attached and such wheels
may be used to aid the wearer in moving or propulsion. The term "roller
skate" shall include, but not be limited to, "in-line skate."
(c)
Prior
to enforcing the prohibition set forth above, the city manager shall
cause to be posted a sign in substantially the following form:
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Athletic Activities Prohibited
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In accordance with section 17-70 of the Cypress City Code, it is unlawful to participate in or to play any sport, game, or any organized or unorganized athletic activity in this area. Violators are subject to a fine of $25.00 for the first violation; $50.00 for a second violation; and $100.00 or greater for a third and subsequent violation.
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(d)
The
provisions of this section shall not be construed to prohibit persons
from engaging in organized recreation activities conducted and scheduled
by the city, nor to prohibit the city from conducting such activities.
(e)
Violation of this section shall be subject to punishment as provided in section 17-69, subsection (e). Additionally, any violation involving the use of a skateboard may result in the temporary confiscation and storing of the skateboard by a peace officer or enforcement officer for a period not to exceed 24 hours. In the event a skateboard is confiscated from a minor, the parent or guardian of the minor may be required to claim the skateboard.
(Ord. No. 869, § 1, 6-24-91; Ord. No. 1041, § 2, 4-28-03)
(b)
Within
any skate facility, it shall be unlawful for any person to:
(1)
Ride,
operate, or use a skateboard or roller skates/in-line skates unless
that person is wearing a helmet designed for skateboard and/or in-line
skating use and utilizing a chin strap, elbow pads designed for skateboard
and/or in-line skating use with plastic elbow caps, and kneepads designed
for skateboard and/or in-line skating use with plastic knee caps;
(2)
Ride,
operate, or utilize a skateboard or in-line skates unless the aforementioned
equipment is in good repair at all times;
(3)
Enter
or use an amenity within the skate facility while another person is
using it;
(4)
Place
or utilize additional obstacles or other material (including, but
not limited to, ramps or jumps) within the skate facility;
(5)
Use
the skate facility amenities when the surface of the amenities is
wet or other conditions exist which could adversely affect the safety
of skateboarders or skaters;
(6)
Enter
the skate facility unless actively skateboarding or in-line skating
in accordance with these regulations;
(7)
Use,
consume, or have within his or her custody or control, food or beverages
within the skate facility;
(8)
Use,
consume or have within his or her custody or control, alcohol, tobacco
products, or illegal drugs within the skate facility;
(9)
Enter
or be upon the skate facility while under the influence of alcoholic
beverages or illegal drugs;
(10)
Use or possess glass containers, bottles or other breakable glass
products within the skate facility;
(11)
Use or engage in profanity, reckless and boisterous behavior (including,
but not limited to, tandem riding, pushing, horseplay, and bullying),
or any other activity which could endanger the safety of persons using
the skate facility or spectators;
(12)
Engage in graffiti, tagging or other defacing of city property or
the property of others;
(13)
Enter or be upon the skate facility at any time except during its
hours of operation; or
(14)
Ride, operate, or utilize any device other than a skateboard or in-line
skates (prohibited devices include, but are not limited to, bicycles,
scooters, motorized scooters, or motor vehicles).
(c)
Prior
to enforcing the prohibition set forth above, the city manager shall
cause to be posted a sign in substantially the following form:
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WARNING
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Skateboarding and in-line skating are hazardous recreational
activities. Use of this facility may result in serious injuries or
death. The City of Cypress does not assume any responsibility for
injuries or death. Each person entering the facility assumes all risk
of injury or death. (Cal. Health and Safety Code § 115800.)
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It is unlawful for any person to ride, operate, or utilize a skateboard or in-line skates unless that person is wearing a helmet, elbow pads, and kneepads. Any person failing to comply with this section shall be subject to citation and penalties pursuant to Cypress Municipal Code sections 17-69 and 17-71.
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(d)
Violation of this section shall be subject to punishment as provided in section 17-69, subsection (e). Additionally, any violation involving the use of a skateboard may result in the temporary confiscation and storing of the skateboard by a peace officer or enforcement officer for a period not to exceed 24 hours. In the event a skateboard is confiscated from a minor, the parent or guardian of the minor may be required to claim the skateboard.
(Ord. No. 1041, § 3, 4-28-03)
(a)
For the purposes of this section, the following terms shall have
the meanings set forth herein:
(1)
Park means any public park or portion thereof, including a body
of water, a publicly owned recreation or playground area, or any building
or recreation facility thereon, including parking lot areas adjacent
thereto, within the city which is owned and maintained by the city
and/or the Cypress Recreation and Park District as a public park whether
or not such has been formally dedicated to such purpose.
(2)
Recreation facility means any building or structure which is
located on public property, including parking lot areas adjacent thereto,
and available for use by the public for recreation purposes which
is owned and maintained by the city and/or the Cypress Recreation
and Park District.
(b)
It shall be unlawful for any person within the limits of any park
or other recreation facility owned and operated by the city and/or
the Cypress Recreation and Park District to:
(1)
Lead or let loose any animal except:
(i)
Dogs on a leash or cats, which are under the immediate control
of the custodian of the same; or
(ii)
Small pets which are held by a custodian at all times.
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The provisions of this section shall not apply to any city/district-sanctioned
program, activity, or event which makes an exception to this subsection.
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(c)
Post or affix to any city/district park or recreation facility property,
any bills, notice, paper or advertising device or matter of any kind.
The distribution of fliers at any city/district sanctioned event shall
be conducted only at the times and locations determined by the city/district.
(d)
Camp or lodge overnight. No person shall erect tents, shacks, or any other temporary shelter for the purpose of overnight camping in violation of Section 17-4, nor shall any person leave in a park after closing hours any movable structure or vehicle that could be used for such purpose in violation of Section 17-4. The provisions of this section shall not apply when in connection with a city/district-sanctioned event.
(e)
Construct or erect any building or structure of whatever kind, whether
permanent or temporary in character, without permit from the city/district
for such purpose.
(f)
Enter, remain within, or loiter in or upon any park or recreation
facility during the hours such park or facility is deemed closed by
posted signs except to attend a city/district sanctioned event or
pursuant to an authorization issued by the city/district and then
only in such park area or recreation facility area as designated by
the city/district. This section shall not be enforced against persons
experiencing homelessness for sitting, lying, or sleeping on any park
or recreation facility if the City determines such enforcement would
be inconsistent with any applicable state or federal law or regulation.
(g)
Engage in any disorderly conduct. Disorderly conduct includes, but
is not limited to:
(1)
Riotous, threatening or indecent conduct, or using abusive,
threatening, or profane language.
(2)
Any other violation of any section of the Penal Code section
of the State of California regarding disorderly conduct.
(h)
Consume, distribute, or be in the possession of any alcoholic beverage
except pursuant to an authorization issued by the city/district.
(i)
Smoke or use tobacco and/or cannabis products within 25 feet of a
playground, tot lot sandbox, or recreational area specifically designed
for use by children, and within 250 feet of a youth sports event,
which includes any practice, game, or related activity at which athletes
up to 18 years of age are present.
(j)
Possess, transport, purchase, sell, give away, consume or ingest
any nonprescription narcotics or illegal drugs.
(k)
Hold any organized or sponsored event, service, concert, parade or
exhibition consisting of 25 or more persons without first obtaining
a permit for such event from the city/district.
(l)
Hold any organized exercise or athletic activity, practice, competition,
camp, or tournament consisting of 10 or more persons without first
obtaining a permit for such athletic activity from the city/district.
(m)
Engage in any activity of any size that would unreasonably damage
the park, recreation facility, or related amenities beyond normal
wear and tear.
(n)
Light or maintain any fire except in designated picnic stoves, barbecues,
fire pits or other area provided for such purposes.
(o)
Operate battery or fuel-powered model or miniature helicopters or
airplanes, drones, rockets or missiles of any type except in areas
designated by the city/district for such purposes.
(p)
Play, practice or in any way engage in the game of golf except at
times and places designated by the city/district for such purposes.
(q)
Practice, carry on, conduct or solicit for any trade, occupation,
business or profession of whatsoever kind or character without permission
of the city/district. Nothing in the subsection is intended to prevent
any person from expressing freedoms protected by the First Amendment.
(r)
Dig or remove any soil, rock, stone, tree, shrub or plant, down-timber
or other wood materials, or make any excavation by tool, equipment,
blasting, or other means, except in designated sandboxes of the city/district.
No materials, substances or objects shall be placed in the sandbox
sand.
(s)
Willfully mark, deface, disfigure, injure, tamper with, displace
or remove, any building, bridge, table, bench, fireplace, railing,
paving, water line or other public utility, sign, notice or placard,
monument, post, or other structure or equipment.
(t)
Install, use or operate a loudspeaker or any sound-amplifying equipment
for the purpose of giving instruction, direction, talks, lectures,
or of transmitting music to any persons in any park except under permit
issued by the city and when operated in accordance with the terms
of such permit. No person shall play any electronic sound-producing
device, including those inside vehicles, at such a volume so as to
be audible at a distance of 150 feet or more.
(u)
For any person over the age of four years old to appear, bathe, sunbathe,
walk or be on any public park, playground, or on any other public
land, or on any private property open to public view from any playground,
park, public place, or public right-of-way in such a manner as to
knowingly and intentionally expose his or her genitals, pubic hair,
perineum, anal region or pubic hair region, or expose the nipples
and/or areola of the female breast except as necessary while engaging
in breastfeeding.
(v)
Throw, discard or dispose of any garbage or refuse upon the ground
or in any place other than a garbage can or other receptacle maintained
for such purpose. Large construction trash, waste, household furniture,
grease, cooking oil or motor oil may not be disposed of in any garbage
can or receptacle in a park or recreation facility.
(w)
Molest, harass, injure or kill any animal. For the purposes of this
section, harass is defined as an intentional act that disrupts an
animal's normal behavior patterns, which includes but is not
limited to, breeding, feeding or sheltering.
(x)
Drive or otherwise operate an e-bike or other motorized vehicle within
a park or recreation facility, except upon surfaces maintained and
open to the public for purposes of vehicular travel. No person shall
ride or propel a bicycle, scooter, skateboard, roller skates, or other
motorized vehicle outside of areas designated for such use. The provisions
of this section shall not apply to any city/district-sanctioned program,
activity, or event which makes an exception to this subsection.
(y)
Swim, fish in, bathe in, wade in, release pet animals in or pollute
the water of any fountain, pond, lake, stream, reservoir or other
area not designated for such purposes except by permission of the
city/district.
(z)
(1)
No owner or other person having the charge, custody or control
of any dog(s) shall permit, either willfully or through failure to
exercise due care, any such dog(s) to defecate and to allow any such
feces to remain in any park or recreation facility.
(2)
Any person having charge, custody or control of any dog(s),
in a park or recreational facility, shall have in possession a suitable
disposable bag or container for the purpose of complying with the
requirements of this section.
(3)
For purposes of this subsection, a "suitable disposable bag
or container" shall not be considered to be an article of clothing.
(4)
The provisions of this section shall not apply to persons being
accompanied by a trained service animal.
(5)
Any person violating any of the provisions of subsections (z)(1),
(2), or (3) shall be deemed guilty of an infraction and upon conviction
thereof shall be punished by a fine not to exceed two hundred fifty
dollars ($250.00).
(aa)
Lead, possess, consume, use the following equipment, or carry out
any activity likely to do damage on synthetic turf athletic fields:
(1)
Pets or other animals.
(2)
Food, gum, seeds, tobacco products, or any other substances
that can stain.
(3)
Drinks other than water in non-breakable containers.
(4)
Metal cleats, plastic cleats longer than one inch, or footwear
containing mud or debris.
(5)
Equipment with sharp or narrow legs or posts including but not
limited to flags, shade structures, tents, stakes, and umbrellas.
(6)
Vehicles of any kind including but not limited to automobiles,
bicycles, scooters, skateboards, RC cars, planes, drones, or other
vehicles with powered motors.
(7)
Any person violating any of the provisions of subsection (aa)
of this section shall be deemed guilty of an infraction and upon conviction
thereof shall be punished by a fine not to exceed five hundred dollars
($500.00) plus the cost to clean or repair any damage caused.
(Ord. No. 1064, § 1, 11-22-04; Ord. No. 1187, §§ 3, 4, 5-10-21; Ord. No 1192, § 1, 1-24-22; Ord. 1208, 3/25/2024)
Sections 17-73.1 through 17-73.8 shall be known as the "Police Fee for Extraordinary Police Services" Ordinance.
(Ord. No. 1116, § 1, 3-8-10)
There is hereby imposed upon each person described in section 17-73.7 a fee for extraordinary police services as defined therein, said fee to be computed in accordance with section 17-73.8.
(Ord. No. 1116, § 1, 3-8-10)
The fee imposed in section 17-73.2 shall constitute a debt owed to the city by the person(s) against whom the fee is assessed. Said fee is civil in nature, and shall not be construed to be a criminal penalty or fine.
(Ord. No. 1116, § 1, 3-8-10)
The director of finance shall have the duty to collect said
fee, using such resources as are reasonably available for that purpose.
It shall be within the discretion of the director of finance to assign
said fees to an agency or agencies other than the city for the purpose
of collection if such action shall appear to be less costly than use
of city personnel for said purpose.
(Ord. No. 1116, § 1, 3-8-10)
Any fee imposed pursuant to section 17-73.2 and not paid within 30 calendar days of the date upon which such fee was assessed shall be subject to a late charge of 1% per month until said fee shall be paid.
(Ord. No. 1116, § 1, 3-8-10)
If any such fee shall be assigned to an attorney or other agency
for collection, the person owing such fee shall be subject to payment
of reasonable collection costs and attorneys' fees in addition to
such fee and late charge.
(Ord. No. 1116, § 1, 3-8-10)
(a)
When a party, gathering, or other assemblage occurs on private property and the senior police officer at the scene determines that there is threat to the public peace, health, safety or general welfare, the person(s) responsible for the event, and any other person(s) attending the party, gathering, or other assemblage given the written warning as provided herein, will be held liable for the costs of providing police services as defined in section 17-73.8 for the special security assignment upon a second or return response within 24 hours of any first or initial response by police, after a first written warning has been given in any manner provided by law, to control the threat to the public peace, health, safety or general welfare. The second or return response may also result in the arrest and/or citation of violators of the state penal code or other city ordinance(s).
(b)
For
the purposes of this section the following definitions shall apply:
(1)
Party, gathering, or other assemblage is a group of persons who have
assembled or are assembling for a social occasion or for any other
collective meeting, gathering, or event.
(2)
Police services include the salaries of the police officers for the
amount of time actually spent in responding to or in remaining at
the party, gathering, or other assemblage at a rate established by
resolution of the city council, the actual cost of any medical treatment
to injured officers, the cost of repair-ing any damage to city equipment
or property, and the cost for transportation, booking, incarceration,
feeding and processing of any person against whom the fee is charged.
(3)
Person responsible for event is the person who owns the property
where the party, gathering, or other assemblage takes place, the person
in charge of such premises, and/or the person who organized the party,
gathering, or other assemblage. If the person responsible for the
event is a minor, then the parents or guardians of that minor will
be jointly and severally liable for the costs incurred for police
services.
(4)
Other person(s) is any person attending the party, gathering, or
other assemblage who is given written warning to control the threat
to the public peace, health, safety, or general welfare upon the first
police response and who, upon the second police response is determined
to be engaging in conduct that constitutes a threat to the public
peace, health, safety, or general welfare.
(5)
Special security assignment is the assignment of police officers
and services during a second police response to a party, gathering,
or other assemblage following the distribution of a written warning
that the party, gathering, or other assemblage constitutes a threat
to the public peace, health, safety or general welfare.
(Ord. No. 1116, § 1, 3-8-10)
(a)
The police services fee, assessed pursuant to section 17-73.2, shall include the salaries of the police officers for the amount of time actually spent in responding to or in remaining at the party, gathering, or event, the actual cost of any medical treatment to injured officers, the cost of repairing any damage to city equipment or property, and the actual cost to the city for transportation, booking, incarceration, feeding and processing of any person against whom the fee is charged as the same shall be established by resolution duly adopted by the city council from time to time.
(b)
The
amount of such fees charged shall be deemed a debt to the city the
person responsible for the event and/or other person and, if minors,
their parents or guardians. Any person owing money shall be liable
in any action brought in the name of the city for the recovery of
such amount, including reasonable attorney fees.
(Ord. No. 1116, § 1, 3-8-10)
Sections 17-74.1 through 17-74.10, shall be known as the "Registered Sex Offender Restrictions" Ordinance.
(Ord. No. 1132, § 1, 3-12-12)
The purpose of sections 17-74.1 through 17-74.10 is to address the following city council findings and determinations:
(a)
On
November 7, 2006, the voters of the state of California overwhelmingly
approved Proposition 83, the "Sexual Predator Punishment and Control
Act," commonly known as "Jessica's Law," so as to better protect Californians,
and, in particular, to protect the state's children from sex offenders.
(b)
Proposition
83, as codified at California Penal Code section 3003.5(b), prohibits
any person who is required to register as a sex offender per California
Penal Code section 290 et seq. (hereinafter referred to as a "registered
sex offender") from residing within 2,000 feet of any public or private
school, or any park where children regularly gather.
(c)
California
Penal Code section 3003.5(a), enacted in 1998 prior to Proposition
83, prohibits a sex offender who is on parole from residing in a "single-family
dwelling" with another sex offender during his or her parole period,
unless the multiple sex offenders are legally related by blood, marriage,
or adoption. For purposes of this state statute, "single-family dwelling"
does not include a residential facility such as a group home that
serves six or fewer persons.
(d)
Proposition
83, as codified at California Penal Code section 3003.5(c), authorizes
local governments to enact ordinances that further restrict the residency
of sex offenders.
(e)
Article
XI, Section 7 of the California Constitution authorizes the city to
enact and enforce within its limits all local, police, sanitary and
other ordinances and regulations not in conflict with general laws,
which are commonly referred to as a city's "police power."
(f)
California
Government Code section 38773.5 authorizes the city to enact and enforce
within its limits ordinances that provide for the recovery of attorneys'
fees in any action, administrative proceeding or special proceeding
to abate a nuisance.
(g)
The
City of Cypress ("city") is an attractive, largely residential community
in which families and children can live, work, and play.
(h)
There
are many locations within the city where children frequently assemble,
play or gather, including, but not limited to, public and private
schools, local parks, child care centers, libraries, youth activity
centers, commercial establishments focused upon providing goods or
services to children, and other locations that host classes and/or
group activities for children.
(i)
As
of the date of the adoption of the ordinance codified herein, there
are approximately 36 registered sex offenders currently residing in
the city.
(j)
The
city council is concerned with recent occurrences within the state
of California wherein multiple registered sex offenders have been
residing together in violation of Penal Code section 3003.5, and with
the prospect of the same occurring within the city.
(k)
The
city council is further concerned with the high recidivism rate exhibited
by sex offenders, which exceeds that exhibited by other convicted
criminals, and with their dangerousness as a class. The city council
is aware of studies which demonstrate that, when measured over a period
of more than five years, recidivism rates among registered sex offenders
as a class are high. This danger presented by sex offenders is an
unacceptable risk to the health, safety and welfare of the community
that requires the city's regulatory intervention.
(l)
(1)
Eliminate any potential conflict of land uses in residential neighborhoods
and to reduce the potential dangers associated with multiple registered
sex offenders living near families with children and/or in places
where children frequently gather;
(2)
Regulate the number of registered sex offenders permitted to reside
together in multiple-family dwell-ings;
(3)
Regulate the number of registered sex offenders permitted to reside
together in hotels and/or motels;
(4)
Protect children who use and enjoy child-oriented locations throughout
the city from the dangers presented by any sex offender who might
choose to reside and/or loiter near such locations.
(m)
In
order to foster compliance with the intent of these sections, these
sections also establish regulations for property owners who rent residential
facilities to registered sex offenders.
(n)
These
sections are required for the preservation of the public peace, health,
and safety of the citizens of the city.
(o)
In
enacting these sections, the city does not intend to punish sex offenders
for their prior illegal conduct. Rather, the purpose of this chapter
is to create a regulatory and non-punitive scheme to protect children
and the public health, safety and welfare for the city's residents
and visitors.
(p)
Nothing
in this chapter shall be deemed to modify or in any way limit restrictions
placed upon a sex offender by the terms and conditions of his or her
parole or probation.
(Ord. No. 1132, § 1, 3-12-12; Ord. No. 1142, § 1, 1-13-14)
shall mean a person 18 years and older.
shall mean any person(s) under the age of 18 years.
shall mean any state of California, Department of Social
Services licensed facility that provides non-medical care on a less
than 24 hour basis to children in need of personal services, supervision
or assistance essential for sustaining the activities of daily living
or for the protection of the individual, including, but not limited
to, infant center, preschool, extended-day care facility, or school-age
child care center but not including a family day care home located
in a residential exclusion zone.
shall mean a single-family dwelling or a multi-family dwelling.
For purposes of this chapter, "dwelling" shall not include any state-licensed
facility which serves six or fewer persons and is exempted under California
Penal Code section 3003.5.
shall mean a commercial establishment that rents guest rooms
or suites to the public on a nightly, weekly, or monthly basis, and
shall include a motel and an inn that operates in such capacity.
shall mean a residential structure designed for the permanent
residency of two or more individuals, groups of individuals, or families
living independently. This definition shall include a duplex, apartment
complex, mobilehome park, and a condominium complex, but shall not
include a hotel.
shall mean any natural person, firm, association, joint venture,
joint stock company, partnership, organization, club, company, limited
liability company, corporation, business trust, manager, lessee, servant,
officer, or employee, authorized to act for the property owner.
shall mean any indoor or outdoor areas owned, leased, controlled,
maintained, or managed by a public entity, which are open to the public,
where children regularly gather, and which provide recreational, cultural,
and/or community service activities, including, but not limited to,
playgrounds, playfields, athletic courts and any open space intended
for recreational use.
shall mean any person who, on a given date, has obtained
a legal right to occupy or reside in, or has already, as of that date,
occupied or resided in, a single-family or multi-family dwelling or
a hotel, for more than 30 consecutive days.
shall include the owner of record of real property, as recorded
in the office of the county registrar-recorder/county clerk, as well
as any partial owner, joint owner, tenant, tenant-in-common, or joint
tenant, of such real property.
shall mean a public offense which, upon conviction, requires
the person who committed the offense to register as a sex offender
pursuant to Penal Code section 290.
shall mean any person who has committed a "registerable offense"
and is required by law to register with a governmental entity as a
sex offender.
shall mean a temporary or permanent dwelling place, which
one keeps and to which one intends to return, as opposed to a place
where one rests or shelters during a trip or visit. Depending upon
the circumstances, one may have a single place of residence or more
than one place of residence.
shall mean any area located within 1,000 feet from the nearest
property line of the subject property to the nearest property line
of a child care center, public or private school (grades K through
12) or park.
shall mean a property owner and/or a property owner's authorized
agent.
shall mean the buildings and grounds of any public or private
school used for the education of children in kindergarten or in grades
1 through 12, inclusive.
shall mean one permanent residential dwelling located on
a single lot.
shall mean any person who, on a given date, has obtained
a legal right to occupy or reside in, or has already, as of that date,
occupied or resided in, a single-family or multi-family dwelling or
a hotel, for a period of 30 consecutive days or less.
(Ord. No. 1132, § 1, 3-12-12; Ord. No. 1142, § 2, 1-13-14; Ord. No. 1148, § 1, 7-27-15)
The 1,000 foot residential exclusion zone shall be measured
in a straight line, in all directions, without regard to intervening
structures, from any property line of any school, child care center
or park.
(Ord. No. 1132, § 1, 3-12-12; Ord. No. 1142, § 6, 1-13-14; Ord. No. 1148, § 4, 7-27-15)
If, in order to comply with section 17-74.4(c) or 17-74.7(b),
a responsible party is required to terminate a registered sex offender's
tenancy or other occupancy, the responsible party shall comply with
all applicable state law procedures and requirements governing the
eviction of tenants of real property. If, in accordance with these
procedures and requirements, a court determines that such termination
is improper, the responsible party shall not be in violation of this
chapter by allowing the registered sex offender to remain as a tenant
or other occupant.
(Ord. No. 1132, § 1, 3-12-12)
[1]
Editor's Note: Ordinance 1188 repealed §§ 17-74.4
and 17.74.7; references remain codified in Section 17-4.8 above.
(a)
Misdemeanor. Any person violating any of the provisions
of these sections shall be guilty of a misdemeanor, and, upon conviction
thereof, the penalty shall be a fine of not more than $1,000 or imprisonment
in jail for a period of not more than six months or by both such fine
and imprisonment.
(b)
Civil remedies/enforcement. The city's remedies with respect
to violations of these sections, including the criminal penalty specified
herein, are cumulative. Nothing in these sections shall limit the
authority of the city or county to enforce a violation of these sections
by means of a civil enforcement proceeding through a restraining order,
a preliminary or permanent injunction, or by any other means available
by law. Any civil proceeding so commenced or initiated may be an alternative
to, or in addition to, a criminal or administrative proceeding initiated
per this section.
(c)
Nuisance—Administrative remedies. Any single-family dwelling, multi-family dwelling or hotel operated or maintained in a manner inconsistent with the requirements of sections 17-74.1 through 17-74.10 or the restrictions of California Penal Code section 3003.5 is declared to be unlawful and is defined as and declared to be a public nuisance, injurious to the public health, safety and welfare, and subject to abatement and recovery of abatement costs and expenses. Nothing in these sections shall limit the authority of the city from initiating an administrative enforcement action, or related administrative proceeding, to abate such a public nuisance. Any administrative proceeding so commenced or initiated may be an alternative to, or in addition to, a criminal or civil proceeding initiated per this section.
(d)
Continuing violation. Any person who violates any provision
of these sections shall be guilty of a separate offense for each and
every day during any portion of which any such person commits, continues,
permits, or causes a violation thereof, and shall be penalized accordingly.
(Ord. No. 1132, § 1, 3-12-12)
(a)
It shall
be unlawful to possess any catalytic converter that is not attached
to a vehicle unless the possessor has valid documentation or other
proof to verify they are in lawful possession of the catalytic converter.
(b)
For
purposes of this section, "lawful possession" includes being the lawful
owner of the catalytic converter or in possession of the catalytic
converter with the lawful owner's written consent. It is not required
to prove the catalytic converter was stolen to establish the possession
is not a "lawful possession."
(c)
For
purposes of this section, "documentation or other proof" means written
document(s) that clearly identify the vehicle from which the catalytic
converter originated and includes, but is not limited to, the following
document types: bill of sale from the original owner with photographs,
documentation from an autobody shop proving the owner relinquished
the catalytic converter to the auto-body shop, verifiable electronic
communication from the previous owner to the possessor relinquishing
ownership of the catalytic converter, photographs of the vehicle from
which the catalytic converter originated, vehicle registration associated
with the catalytic converter containing an etched associated license
plate number or vehicle identification number. The validity of documentation
or other proof is based on the totality of the circumstances.
(d)
Each
and every violation of this section shall constitute a separate violation
and shall be subject to all remedies and enforcement measures authorized
by the Cypress City Code. Each and every catalytic converter unlawfully
possessed is a separate violation of this section.
(e)
Each
and every violation of this section may, in the discretion of the
district attorney or city attorney, be prosecuted as a misdemeanor
and upon conviction be subject to a fine not to exceed $500 or imprisonment
in the county jail for a period of not more than 12 months, or by
both such fine and imprisonment.
(f)
The
remedies provided herein are not to be construed as exclusive remedies.
The city is authorized to pursue any proceedings or remedies provided
by law.
(Ord. No. 1195, § 2, 5-23-22)
