City of Cypress, CA Chapter 17 Offenses - Miscellaneous

Cross reference: False reports to police, § 20-1.

§ 17-1 Curfew—Persons under eighteen years of age; exemptions.

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)

§ 17-2 Same—Enforcement.

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)

§ 17-3 Discharging firearms, etc.

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)

§ 17-4 Camping and storage of personal property.

(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) Definitions. The following terms used in this section shall have the meanings indicated below:

"Abandoned personal property"

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.

"Camp" or "camping"

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.

"Camp facilities"

include, but are not limited to, tents, huts, or temporary shelters.

"Camp paraphernalia"

includes, but is not limited to, tarpaulins, cots, beds, sleeping bags, hammocks, blankets, or non-city designated cooking facilities and similar equipment.

"Chief of police" or "police chief"

means the Cypress chief of police or designee.

"City"

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.

"City manager"

means the Cypress city manager or designee.

"Highway"

means a way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel.

"Parkway"

means the area of the street between the back of the curb and the sidewalk that typically is planted and landscaped.

"Personal property"

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.

"Public area"

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.

"Public street"

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.

"Roadway"

means that portion of a highway improved, designed or ordinarily used for vehicular travel.

"Settlement agreement"

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.

"Sidewalk"

means that portion of the public right-of-way provided for the primary use of pedestrians along or adjacent to a street.

"Store" or "storing" or "storage"

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.

"Tent"

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.

"Unclaimed personal property"

means personal property that has been turned in to the chief of police pursuant to Section 17-4(d), and that has not been claimed within a period of 90 days by its true owner or finder pursuant to Section 17-4(d).

(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) Definitions. For the purpose of this Section 17-4(e)(2), the following definitions apply:

"O&E personnel"

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.

"Navigation center" or "navigations centers"

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.

"North SPA"

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.

(g) Violations and enforcement.

Subject to Section 17-4(e), any violation of this section may be prosecuted as a misdemeanor or infraction, pursuant to Section 1-7, 1-8, 1-9, 1-10, 1-11, 1-12, 1-12.1, 1-12.2 of Chapter 1 of this code.

(Ord. No. 1187, § 2, 5-10-21)

§ 17-5 Gambling—Prohibited generally.

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)

§ 17-6 Same—Participation in, etc.

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)

§ 17-7 Same—Bingo, keno, etc.

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)

§ 17-8 Merchandise—Display, etc., for sale, etc., outside of building prohibited; exceptions.

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)

§ 17-9 Repealed by Ordinance No. 336.

§ 17-10 Tip sheets, handicapping, etc.—License required.

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)

§ 17-11 Same—Materials to be filed with chief of police daily.

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)

§ 17-12 Same—Sale, distribution, etc., on streets prohibited.

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)

§ 17-13 Matter which depicts the exposure of private parts and female breasts to minors—Findings.

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

(3) This in turn will have a detrimental impact on the moral fiber of the community and will impair the health, safety and general welfare of the City of Cypress.

Cross reference: Display of certain materials prohibited, §§ 24-40, 24-41.

(Ord. No. 541, § 1, 11-25-74)

§ 17-14 Same—Definitions.

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:

"Display"

means to make available or locate matter in such a manner so as to make the matter reasonably exposed to view.

"Minor"

means any natural person under 18 years of age.

"Person"

means any individual, partnership, firm, association, corporation, or other legal entity.

(Ord. No. 541, § 1, 11-25-74)

§ 17-15 Same—Prohibition.

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;

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.

(Ord. No. 541, § 1, 11-25-74)

§ 17-16 (Reserved)

§ 17-17 Landmark trees—Purpose.

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)

§ 17-18 Same—Definitions.

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)

§ 17-19 Same—Permits required for removal.

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)

§ 17-20 Same—Criteria for permits.

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)

§ 17-21 Same—Permits required for pruning.

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)

§ 17-22 Same—Criteria for pruning permits.

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)

§ 17-23 Same—Conditions to permits.

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)

§ 17-24 Same—Landmark tree adjacent construction permits.

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)

§ 17-25 Same—Emergency removals.

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)

§ 17-26 Same—Appeal.

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)

§ 17-27 Same—Penalty.

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)

§ 17-28 Circulation and filing of certain petitions.

(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) Definitions. As used in this section, the following terms shall have the meanings set forth hereinbelow:

"Circulator"

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.

"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.

"Principal"

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.

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.

(Ord. No. 527, § 1, 3-11-74; Ord. No. 662, § 1, 6-23-80)

§ 17-29 (Reserved)

§ 17-30 Item price marking on packaged consumer commodities—Definitions.

For purposes of this section and sections 17-31 and 17-32, the following definitions shall apply:

(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)

§ 17-31 Same—Required; exceptions.

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)

§ 17-32 Same—Violation; penalty.

(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.

(c) Each additional 12 units of the same item that fail to have a price indicated on them shall constitute a separate violation of section 17-31.

(d) Each day that a violation continues after notification thereof by any person to the grocery store or department manager or assistant manager shall constitute a separate violation and shall constitute a presumption to violate section 17-31.

(Ord. No. 651, § 1, 2-11-80; Ord. No. 833-19, § 9, 12-11-89)

§ 17-33 Regulations of display of drug devices—Intent and purpose.

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)

§ 17-34 Same—Definitions.

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:

Business.

Any commercial enterprise or establishment, whether ongoing or transient, and whether occupying indoor or outdoor premises.

Display.

To show or to have available for viewing.

Drug device.

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.

Minor.

Any person under 18 years of age.

Sell.

To transfer possession of, for consideration or as a gratuity.

Suggested purposes.

Includes any and all uses suggested for a particular item and shall be ascertained by taking into consideration the following factors:

(1) The design and construction of the item;

(2) Any instructions provided with the item;

(3) The packaging of the item;

(4) Descriptive materials accompanying or displayed in the vicinity of the item;

(5) National, regional and local advertising of the item;

(6) 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

(7) 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)

§ 17-35 Same—Proprietors, etc., to prohibit viewing by minors; exceptions.

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)

§ 17-36 Same—Minors prohibited from viewing generally; exceptions.

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)

§ 17-37 Same—Separate room required.

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)

§ 17-38 Same—Violations of sections 17-35—17-37 declared to be nuisances.

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)

§ 17-39 Service Station signs.

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)

§ 17-40 Drinking alcoholic beverages in certain places prohibited.

(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)

§ 17-41 Control of minors.

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)

§ 17-42 Smoking prohibited.

(a) Definitions.

For the purposes of this chapter, the following terms and phrases shall have the meaning given in this section unless the context clearly requires otherwise:

"Cannabis"

means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" includes cannabis that is used for medical, non-medical, or other purposes. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" also does not include industrial hemp, as defined in California Health and Safety Code Section 11018.5.

"Designated smoking area"

means an area that is designated by signage that identifies it as a smoking area and is located at least 50 feet from any location where smoking is prohibited by this chapter, at least 50 feet from any door, window, opening, or air intake for an enclosed area, and contains a waste receptacle for smoking product waste.

"Employee"

means any person who is employed or retained as an independent contractor by any employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employee.

"Employer"

means any person or nonprofit entity that retains the service of one or more employees.

"Enclosed area"

means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals, goods, equipment, vehicles, processes, or activities of any kind.

"Multiunit residence"

means a residential use in which there is more than one dwelling unit on a lot, including senior and assisted living facilities, and long- term health care facilities and excluding navigation centers or emergency shelters as those terms are commonly defined.

"Outdoor dining area"

means any publicly or privately owned outdoor area, including streets and sidewalks, that is available to or customarily used by the general public or an employee, and that is designed, or regularly used for consuming food or drink.

"Place of employment"

means an area under the control of an employer that an employee or the general public may enter in the normal course of operation, regardless of the hours of operation, including work areas and construction sites.

"Public event areas"

means any publicly or privately owned place used for an event open to the general public, regardless of any fee or age requirement, including a farmers' market, parade, fair, or festival.

"Recreational area"

means any area open to the public for recreational purposes, publicly or privately owned, including, but not limited to, parks, picnic areas, playgrounds, gardens, athletic fields, walking paths, hiking trails, amphitheaters, bike paths, sports facilities, and other locations designated as open space (OS) in the Cypress Municipal Code, and their associated parking lots.

"Smoking means"

inhaling, exhaling, burning or carrying any lighted, heated or ignited tobacco or cannabis product.

"Tobacco product"

means (1) any product that is made from or derived from tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus; (2) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or (3) any component, part, or accessory of Subsection (1) or (2), whether or not any of these contains tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, hookahs, mouthpieces, and pipes.

(b) Prohibition of smoking in designated areas.

(1) Except as otherwise expressly authorized by state or federal law, smoking is prohibited in the enclosed and unenclosed areas of the following places within the city:

(i) Recreational areas;

(ii) Outdoor dining areas;

(iii) Places of employment;

(iv) Public event areas;

(v) Multiunit residences and complexes, including outdoor common areas unless specifically designated for smoking;

(vi) Within 25 feet of a bus stop; and

(vii) Within 100 feet of public or private schools and day care centers.

(2) Nothing in this chapter prohibits any person or employer with control over any property from prohibiting smoking on any part of such property, even if smoking is not otherwise prohibited in that area.,

(c) Prohibitions generally. No person shall intimidate, harass, or otherwise retaliate against any person who seeks to attain compliance with this chapter. Moreover, no person shall intentionally or recklessly expose another person to secondhand smoke in response to that person's effort to achieve compliance with this chapter.

(d) Enforcement, violations and penalties.

(1) No person or employer shall allow smoking in any area under their control where smoking is prohibited by this chapter or by other law.

(2) A person or employer that has control of an area in which smoking is prohibited by this chapter or other law shall post a clear, conspicuous, and unambiguous "No Smoking" sign at each entrance to the area. Signs posted on the exterior of buildings to comply with this section shall include the 25- or 100-foot distance requirement set forth in Section 17-42(b)(1). The presence or absence of signs shall not be a defense to a charge of smoking in an area where smoking is prohibited.

(3) A person or employer that has control of an area in which smoking is prohibited by this chapter shall direct anyone who is smoking in violation to stop. If they do not stop smoking, the person or employer may refuse any service and immediately ask them to leave the property. If the ejection is from a public event, it shall be for the duration of the public event.

(4) Multiple violations of this chapter by a person or employer that has control of an area in which smoking is prohibited by this chapter may result in the suspension or revocation of any permit or license issued to the person for the property on which the violation has occurred.

(5) Each instance of smoking in violation of this chapter shall constitute a separate violation. For violations other than for smoking, each day of a continuing violation of this chapter shall constitute a separate violation.

(6) Any violation of this article is punishable pursuant to Section 1-7 of the Cypress City Code, except for as preempted by state law.

(7) Any violation of this article is hereby declared to be a public nuisance.

(i) Any activity that is conducted in violation of any provisions of this article is hereby declared to be a public nuisance, and, as such, may be abated or enjoined from further operation, in accordance with the procedures set forth in Chapter 13, Article Ill of the Cypress Municipal Code.

(ii) All costs to abate such public nuisance, including attorneys' fees and court costs, shall be paid by the person causing the nuisance.

(iii) Any appeal to a determination that such activity constitutes a public nuisance shall be pursuant to the appeal provisions in Chapter 13, Article Ill of the Cypress Municipal Code.

(8) The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

(Ord. No. 1220, 10/13/2025[1])

[1] Editor's Note: This Ordinance also repealed former §§ 17-42 — 17.50 and Ord. No. 777.

§ 17-43 through § 17-50. (Reserved)

§ 17-51 Smoking lounges.

(a) Definitions.

Smoking lounge.

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.

.010	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.
.020	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.

(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:

.010	The business shall be owner-operated or otherwise exempt from the prohibition of smoking in the workplace set forth in Labor Code § 6404.5.
.020	No alcoholic beverages shall be sold or consumed on the premises.
.030	No persons under 18 years of age shall be permitted within the business.
.040	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.
.050	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.
.060	No admittance fee, cover charge or requirement of any charge or minimum payment as a condition of entry shall be permitted.
.070	Uniformed security guard(s) shall be provided, as deemed necessary by the chief of police or the chief's designee.
.080	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.
.090	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.
.100	Amusement game machines as defined by chapter 15E of the Cypress City Code shall not be permitted anywhere within the business.
.110	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.
.120	Parking shall be provided using the standard for nightclubs (one space/three persons based on occupancy as determined by the building official).
.130	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.
.140	The business shall also be in conformity with all other city, state and federal laws.

(d) Application for permit.

.010	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:
	a.	The legal name, address, e mail address, fax, cell phone and telephone number of the owner(s) of the proposed establishment making application;
	b.	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;
	c.	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;
	d.	The business name, address and telephone number under which the business activity will be conducted;
	e.	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);
	f.	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;
	g.	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;
	h.	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;
	i.	The proposed operational days and hours of the business;
	j.	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.
.020	The submittal of false information on the application shall constitute grounds for denial of the application and the permit.

(e) Action by community development director upon application.

.010	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.
.020	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.
.030	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:
	a.	In violation of any provision of the Cypress City Code, Cypress Zoning Code or any state of federal laws; or
	b.	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
	c.	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
	d.	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.

(f) Notification.

.010

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.

.020

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.

(g) Appeal to city council—Notice and hearing.

.010

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.

.020

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.

(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.

.010	After the decision approving or conditionally approving any permit becomes final, the community development director or the director's designee shall issue the permit.
.020	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.

(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:
	a.	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
	b.	That the permittee has failed to obtain or to maintain all required city, county and state licenses and permits; or
	c.	That the permit is being used to conduct an activity different from that for which it was issued; or
	d.	That the permittee misrepresented any material fact in the application for the permit or has not answered each question therein truthfully; or
	e.	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
	f.	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
	g.	That the permitted event or activity creates sound levels which violate any ordinance of the city; or
	h.	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.
.020	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.
.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.

(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)

§ 17-52 Fireworks; sale, distribution, and discharge thereof prohibited. [1]

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)

[1] Editor's note: Ord. No. 1073, § 1, adopted April 10, 2006, added a new § 17-51 to the Code. Section 2 of said ordinance then renumbered the existing §§ 17-51—17-53 as 17-52—17-54 and repealed the existing § 17-54.

§ 17-53 Penalty for violation of section 17-51.

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)

§ 17-54 Civil remedies available re section 17-51.

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)

§ 17-55 Urination and human waste.

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)

§ 17-56 through § 17-59. (Reserved)

§ 17-60 Fire alarms, false alarms; definitions.

Wherever used within section 17-61 through 17-68, the following terms shall have the meaning set forth below:

Alarm.

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.

Alarm business.

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.

Alarm subscriber.

Any person who purchases, leases, contracts for, or otherwise obtains an alarm system or the servicing or maintenance of an alarm system.

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.

Automatic communication device.

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.

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.

Direct alarm system.

Alarm system electronically or otherwise connected directly to the emergency response agency from the protected premises.

False alarm.

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.

Fire department.

The Orange County Fire Department. Fire department includes and also means the emergency response agency.

(Ord. No. 858, § 2, 12-10-90)

§ 17-61 Alarm systems, standards, and regulations.

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)

§ 17-62 Alarm system; central station permit.

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)

§ 17-63 Automatic communication devices, connection limitations.

(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)

§ 17-64 Responsibilities of alarm business and alarm system subscribers or users.

(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)

§ 17-65 Alarm business, central station, and false alarm service charges. [1]

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.

§ 17-66 Intentional false alarms; penalties.

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)

§ 17-67 Tampering with or damaging alarm systems.

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)

§ 17-68 Violations and enforcement of sections 17-60 through 17-67.

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)

§ 17-69 Skateboarding prohibited in certain designated areas on public and private property.

(a) For purposes of this section, the following words shall have the meanings ascribed below:

"Private property"

shall mean any property held by private interests which is used primarily for business, commercial, residential or recreational purposes.

"Public property"

shall mean any property owned or maintained by the City of Cypress or any property owned or maintained by any other public entity.

"Scooter"

shall mean a skateboard to which there is a fixed device or mechanism to turn or control the wheels or the board.

"Skateboard"

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.

"Skate facility"

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)

§ 17-70 Regulation of athletic activities on city-owned property.

(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."

(6) "Scooter" which shall mean any scooter as defined in subsection 17-69(a).

(7) "Skateboard" which shall mean any skateboard as defined in subsection 17-69(a).

(c) Prior to enforcing the prohibition set forth above, the city manager shall cause to be posted a sign in substantially the following form:

Athletic Activities Prohibited

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.

(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)

§ 17-71 Skate facilities.

(a) For purposes of this section, the definitions set forth in sections 17-69 and 17-70 shall apply.

(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:

WARNING

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.)

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.

(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)

§ 17-72 Park regulations.

(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.

The provisions of this section shall not apply to any city/district-sanctioned program, activity, or event which makes an exception to this subsection.

(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)

§ 17-73.1 Short title.

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)

§ 17-73.2 Imposition of fee for extraordinary police services.

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)

§ 17-73.3 Fee not a criminal penalty.

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)

§ 17-73.4 Duty to collect fee.

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)

§ 17-73.5 Authority to impose late charge.

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)

§ 17-73.6 Costs and legal fees to collect.

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)

§ 17-73.7 Extraordinary police services at parties, gatherings or other assemblages requiring a second response.

(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)

§ 17-73.8 through § 17-74.8. (Reserved)17-74.8. (Reserved)

(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)

§ 17-74.1 Short title.

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)

§ 17-74.2 Legislative findings—Purpose.

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) By enacting sections 17-74.1 through 17-74.10, the city intends to:

(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)

§ 17-74.3 Definitions.

For purposes of sections 17-74.1 through 17-74.10, the following definitions shall apply:

"Adult"

shall mean a person 18 years and older.

"Child" or "children"

shall mean any person(s) under the age of 18 years.

"Child care center"

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.

"Dwelling"

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.

"Hotel"

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.

"Multi-family dwelling"

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.

"Owner's authorized agent"

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.

"Park"

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.

"Permanent resident"

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.

"Property owner"

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.

"Registerable offense"

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.

"Registered sex offender"

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.

"Reside"

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.

"Residential exclusion zone"

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.

"Responsible party"

shall mean a property owner and/or a property owner's authorized agent.

"School"

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.

"Single-family dwelling"

shall mean one permanent residential dwelling located on a single lot.

"Temporary resident"

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)

§ 17-74.6 Measure of distance.

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)

§ 17-74.8 Eviction requirements. [1]

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.

§ 17-74.10 Penalties.

(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)

§ 17-75 Unlawful possession of a catalytic converter.

(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)