Ordinance No. 1188 15
ORDINANCE NO. 1188
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS,
CALIFORNIA, REPEALING SECTIONS 17-74.4, 17-74.7, AND 17-
74.9, OF CHAPTER 17 OF THE CYPRESS MUNICIPAL CODE
RELATING TO SEX OFFENDER LOCATION RESTRICTIONS
WHEREAS, on March 12, 2012, the City adopted Ordinance No. 1132, enacting
Cypress Municipal Code ("CMC") Sections 17-74.1 through 17.74.10, entitled "Registered
Sex Offender Restrictions" ("Ordinance"); and
WHEREAS, the Ordinance, now codified at CMC sections 17-74.1-10, went into
effect on April 12, 2012; and
WHEREAS, a lawsuit was filed against the City in the Orange County Superior Court
entitled John Doe v. City of Cypress, Case No. 30-2021-01194727 (the "Lawsuit"), on April
8, 2021 alleging that the Ordinance is in conflict with and preempted with California state
law, as well as in violation of the constitutional guarantees of due process and equal
protection. The Lawsuit also sought a permanent injunction against enforcement of the
Ordinance; and
WHEREAS, to avoid potentially costly litigation, the City Council directed terms for an
approved settlement agreement related to the Lawsuit at its closed session meeting on April
26, 2021, which terms were approved by the plaintiff in the Lawsuit ("Settlement
Agreement"); and
WHEREAS, pursuant to the Settlement Agreement, the City Council now desires to
repeal CMC Sections 17-74.4, 17-74.7, and 17-74.9 in order to avoid the potentially high
costs of the Lawsuit.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS DOES
ORDAIN AS FOLLOWS:
SECTION 1. The recitals set forth above are true and correct and are incorporated
herein by this reference.
SECTION 2. Sections 17-74.4, 17-74.7, and 17-74.9 of Chapter 17 of the Cypress
Municipal Code are hereby repealed.
SECTION 3. If any section, subsection, subdivision, sentence, clause, phrase, or
portion of this Ordinance for any reason is held to be invalid or unconstitutional by the
decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council hereby declares that it would
have adopted this Ordinance, and each section, subsection, subdivision, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or
unconstitutional.
SECTION 4. The City Clerk shall certify to the passage and adoption of this
Ordinance and shall cause the same to be published in the manner required by law. This
Ordinance shall become effective thirty (30) days from and after its passage.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 12th day of July, 2021.
MAY :"OF T E CITY OF CYPRESS
ATTEST:
CITY CL K OF THE ITY OF CYPRESS
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STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
I, ALISHA FARNELL, City Clerk of the City of Cypress, DO HEREBY CERTIFY that the
foregoing Ordinance was duly adopted at a regular meeting of said City Council held on the
12th day of July, 2021, by the following roll call vote:
AYES: 3 COUNCIL MEMBERS: Marquez, Morales and Peat
NOES: 1 COUNCIL MEMBERS: Hetz
ABSENT: 0 COUNCIL MEMBERS:
CITY CLERK OF THE CITY OF CYPRESS
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