Ordinance No. 11861
ORDINANCE NO. 1186
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AMENDING CHAPTER 3 OF THE CYPRESS MUNICIPAL
CODE IN ITS ENTIRETY, THEREBY ADOPTING BY REFERENCE THE
FOLLOWING CODIFIED ORDINANCES OF THE COUNTY OF ORANGE
WITH CERTAIN AMENDMENTS: DIVISION 1 (ANIMAL CONTROL,
WELFARE AND LICENSE REQUIREMENTS) OF TITLE 4 (HEALTH
SANITATION AND ANIMAL REGULATIONS), ARTICLE 1 (DEFINITIONS)
OF DIVISION 1 (GENERAL) OF TITLE 5 (BUSINESS AND SPECIAL
LICENSES, REGULATIONS), SECTIONS 5-1-29 (LICENSES OR
PERMITS REQUIRED) AND 5-1-30 (MULTIPLE BUSINESSES) OF
ARTICLE 2 (LICENSES OR PERMITS REQUIRED) OF DIVISION 1
(GENERAL) OF TITLE 5 (BUSINESS AND SPECIAL LICENSES,
REGULATIONS), ARTICLE 3 (BUSINESS REGULATIONS) OF DIVISION
1 (GENERAL) OF TITLE 5 (BUSINESS AND SPECIAL LICENSES,
REGULATIONS), DIVISION 2 (GENERAL LICENSE AND PERMIT
REQUIREMENTS AND PROCEDURE) OF TITLE 5 (BUSINESS AND
SPECIAL LICENSES, REGULATIONS), AND ARTICLE 17 (ANIMAL
FACILITIES) OF DIVISION 3 (SPECIFIC ADDITIONAL LICENSE OR
PERMIT REQUIREMENTS AND BUSINESS REGULATIONS) OF TITLE 5
(BUSINESS AND SPECIAL LICENSES, REGULATIONS); AND
PENALTIES FOR VIOLATION THEREOF
WHEREAS, pursuant to Government Code Section 50022.9, the City of Cypress
("City") desires to adopt by reference certain portions of the Codified Ordinances of the
County of Orange relating to animal control as part of the Cypress Municipal Code; and
WHEREAS, all legal prerequisites to the adoption of this Ordinance have occurred.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES
ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby specifically finds that all of the facts set forth
in the above Recitals, are true and correct and are incorporated herein as findings of the
City Council.
SECTION 2. Adoption by Reference. Chapter 3 (Animals and Fowl) of the Cypress
Municipal Code is hereby amended in its entirety as follows:
"Section 3-1. Provisions of County Code of Ordinances Adopted.
Subject to the particular additions, deletions and amendments hereinafter
set forth in this Chapter, the rules, regulations and conditions of the Codified
Ordinances of the County of Orange as contained in:
(a) Division 1 (Animal Control, Welfare and License Requirements) of Title
4 (Health Sanitation and Animal Regulations);
(b) Article 1 (Definitions) of Division 1 (General) of Title 5 (Business and
Special Licenses, Regulations);
(c) Sections 5-1-29 (Licenses or Permits Required) and 5-1-30 (Multiple
Businesses) of Article 2 (Licenses or Permits Required) of Division 1
(General) of Title 5 (Business and Special Licenses, Regulations);
(d) Article 3 (Business Regulations) of Division 1 (General) of Title 5
(Business and Special Licenses, Regulations);
(e) Division 2 (General License and Permit Requirements and Procedure)
of Title 5 (Business and Special Licenses, Regulations); and
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(d) Article 17 (Animal Facilities) of Division 3 (Specific Additional License
or Permit Requirements and Business Regulations) of Title 5 (Business and
Special Licenses, Regulations);
as may be amended from time to time by the Board of Supervisors of the
County of Orange, California, as well as such other regulations adopted by
the Board of Supervisors concerning animal control, including those which
relate to fees, are adopted by reference under the authority of Sections
50022.1 through 50022.9 of the Government Code of the State of California
and made a part hereof as though fully set forth herein as part of the
Cypress Municipal Code and the same are hereby established and adopted
as the rules, regulations, provisions and conditions to be observed and
followed to govern animal control, welfare and license requirements in the
City of Cypress. One full copy of the above-specified provisions of the
Codified Ordinances of the County of Orange, certified to be a true copy by
the City Clerk of the City of Cypress, is to be kept on file at the office of the
City Clerk of the City of Cypress for public inspection.
Section 3-2. Penalties.
(a) Any person who violates any provision of this Chapter 3 shall be
guilty of an infraction, except as otherwise provided in subsection (b) below.
(b) Any person who violates any provision of Sections 4-1-48, 4-1-51, or
4-1-95 of Division 1 of Title 4 or any provision of Title 5 of the Codified
Ordinances of Orange County adopted hereby is guilty of a misdemeanor.
Moreover, any person who violates any other provisions of Division 1 of Title
4 the Codified Ordinances of Orange County and the violation occurs within
one (1) year of the occurrence of two (2) other separate violations of this
division by that person is guilty of a misdemeanor. Each day on which a
violation occurs or continues shall constitute a separate offense.
(c) Any license required by Article 4, Division 1 of Title 4 of the Codified
Ordinances of the County of Orange not purchased or renewed within
fifteen (15) days after expiration, or the date on which they come due, shall
be considered delinquent and a late fee as determined by resolution of the
Board of Supervisors shall be added to the cost of the new license. The
Director may waive the above late fee if the Director determines the
applicant made a reasonable effort to comply with the above deadline.
(d) Any person convicted of a misdemeanor for a violation of any of the
provisions of this Chapter 3 shall, unless otherwise specifically provided in
this Chapter 3 or by statute, be punishable by a fine of not more than one
thousand dollars ($1,000.00) or by imprisonment in the County Jail for a
period of not more than six (6) months or by both such fine and
imprisonment.
(e) Any person convicted of an infraction for a violation of any of the
provisions of this Chapter 3 shall, unless otherwise specifically provided in
this Chapter 3 or by statute, be punishable by: (1) A fine not exceeding one
hundred dollars ($100.00) for a first violation; (2) A fine not exceeding two
hundred dollars ($200.00) for a second violation of the same Code provision
within a period of one year; (3) A fine not exceeding five hundred dollars
($500.00) for each additional violation of the same ordinance within one
year.
(f) An infraction is not punishable by imprisonment. A person charged
with an infraction shall not be entitled to a trial by jury. A person charged
with an infraction shall not be entitled to have the public defender or other
counsel appointed at public expense to represent him or her unless he or
she is arrested and not released on his or her written promise to appear, his
or her own recognizance or a deposit of bail.
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(g) Except as otherwise provided by law, all provisions of law relating to
misdemeanors shall apply to infractions including, but not limited to, powers
of peace officers, jurisdiction of courts, periods for commencing action and
for bringing a case to trial and burden of proof.
(h) Barking Dog and Animal Nuisance civil fines. Fines for violating the
provisions of Subarticle 2 of Article 2 of Division 1 of Title 4 of the Codified
Ordinances of Orange County shall be as follows:
(1) Fine for first offense (per citation) $250.00
(2) Fine for second offense within same twelve-month period (per
citation) $275.00
(3)
Fine for third offense within same twelve-month period (per
citation) $303.00
(4) Fine for fourth offense within same twelve-month period (per
citation) $333.00
(5)
Fine for fifth offense within same twelve-month period (per
citation) $366.00
(6) Fine for sixth and subsequent offense within same twelve-
month period (per citation) $403.00
In the event that a fine imposed under the authority granted by said
Subarticle 2 of Article 2 of Division 1 of Title 4 remains unpaid for thirty (30)
days after it is due and payable pursuant to Section 4-1-59.7 of the Codified
Ordinances of Orange County, an amount equal to the fine shall be added
as a late penalty and the late penalty and fine shall become due
immediately. If a Hearing Officer upholds the issuance of a citation in an
administrative hearing, the late penalty will be assessed if the fine is not
paid within thirty (30) days from the conclusion of the hearing. Failure to
timely remit payment of a citation fine and/or late penalty authorized
pursuant to said Section 4-1-59.7 will result in criminal liability and a warrant
may be issued for a violator's arrest. Nonpayment of such fine and/or late
penalty shall be a misdemeanor punishable by a fine of not more than one
thousand dollars ($1,000) or by imprisonment in the County jail for a period
of not more than six (6) months or by both such fine and imprisonment. The
City at its discretion may pursue any and all legal and equitable remedies
for the collection of unpaid fines and late penalties. Pursuit of one remedy
does not preclude the pursuit of any other remedies until the total fines and
late penalties owed by a violator under this subarticle have been collected.
Section 3-3. Amendment.
The ordinances adopted hereby are intended to apply to animal control and
regulation within the jurisdiction of the City of Cypress in the same manner
as they apply to animal control and regulation within the unincorporated
area of the County of Orange. Therefore, the ordinances adopted hereby
shall be amended as necessary to achieve that goal, including amending
references to the County or the unincorporated area of the County to
references to the City of Cypress, as necessary to achieve that goal. Only
those provisions of Title 5 of the Orange County Ordinances relevant to
animal related facilities including animal exhibitions, animal rental
establishments, animal rescuers, commercial stables, grooming parlors,
kennels and pet shops are adopted hereby."
SECTION 3. Severability. Should any provision of this Ordinance, or its
application to any person or circumstance, be determined by a court of competent
jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have
no effect on any other provision of this Ordinance or the application of this Ordinance to
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any other person or circumstance and, to that end, the provisions hereof are severable.
The City Council of the City of Cypress declares that it would have adopted all the
provisions of this ordinance that remain valid if any provisions of this ordinance are
declared invalid.
SECTION 4. Effective Date. This Ordinance shall become effective 30 days from
its adoption.
SECTION 5. Certification. The Mayor shall sign and the City Clerk shall certify to
the passage and adoption of this Ordinance and shall cause the same to be published
and posted pursuant to the provisions of law in that regard.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cypress
at a regular meeting held on the 24th day of August 2020.
ATTEST:
11j.e
Alisha Farnell, City Jerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
t
Rob John=on Mayor
I, Alisha Farnell, City Clerk of the City of Cypress, California, DO HEREBY CERTIFY that
the foregoing was duly adopted at a regularly scheduled meeting of said City Council held
on the 24th day of August, 2020, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Berry, Morales, Peat, Yarc and Johnson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None n �,
Alish Farnell, City Ierk