Ordinance No. 1208 195
ORDINANCE NO. 1208
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, AND ACTING AS EX-OFFICIO BOARD OF DIRECTORS OF
THE CYPRESS RECREATION AND PARK DISTRICT, AMENDING
SECTION 17-72 OF THE CYPRESS MUNICIPAL CODE RELATING TO
PARK REGULATIONS AND FINDING THE ACTION EXEMPT FROM THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, the City Council of the City of Cypress, also acting as the ex-officio
Board of Directors for the Cypress Recreation and Park District, desires to update the
City's park regulations; and
WHEREAS, park regulations protect park areas and recreation facilities for the
enjoyment, convenience, and safety of park visitors; and
WHEREAS, on March 11, 2024, the City Council held a duly noticed public hearing
and considered public testimony and evidence on this Ordinance.
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. Section 17-72 (Park Regulations) of Chapter 17 of the Cypress
Municipal Code is hereby amended as follows( represents deleted language
while underline represents added language):
17-72. Park Regulations
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.
It shall be unlawful for any person within the limits of any park or other recreation facility
- - .. - - e - . -, •- - e - • e- e owned and operated by the city
and/or the Cypress Recreation and Park District to:
(a) Lead or let loose any animal except:
1. Dogs on a leash or cats, which are under the immediate control of the custodian
of the same; or
2. 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.
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(b) !. - -• - -- - - - e.
pPost 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.
(c) 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.
(d) 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.
(e) 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 persons 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. _ . - _ ' - - _ - . . ___ e. - -- -
• - _ : -e - _ - _: • - ! ! •!
•
.. - _ . - _ .• - - L,,_ • _ . fa . • • —• ! ! •! !
(f) Engage in any disorderly conduct. Disorderly conduct includes, but is not limited to:
1. To ein engagrRiotous, threatening or indecent conduct, or using abusive,
V I TT
threatening, or profane language
2. Any other violation of any section of the Penal Code section of the State of
California regarding disorderly conduct
(g) Consume, distribute, or be in the possession of any alcoholic beverage except
pursuant to an authorization issued by the city/district.
(h) 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.
(I i) Possess, transport, purchase, sell, giveing away, er-consume or ingest any
nonprescription narcotics or illegal drugs.
(+1) Hold any organized or sponsored event, service, sporting-event, concert, exercise,
parade or exhibition consisting of twenty-five (25) or more persons
are ex 'd to nd without first obtaining a permit for such event from the
city/district.
(k) Hold any organized exercise or athletic activity, practice, competition, camp, or
tournament consisting of ten (10) or more persons without first obtaining a permit for
such athletic activity from the city/district.
(I) Engage in any activity of any size that would unreasonably damage the park,
recreation facility, or related amenities beyond normal wear and tear.
(}m) Light or maintain any fire except in designated picnic stoves, barbecues, fire pits or
other area provided for such purposes.
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(kn) 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.
(1o) 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.
(cnp) To pPractice, 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 Ssubsection is intended to prevent any person from expressing freedoms
protected by the First Amendment.
(eg) 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.
(er) 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.
(es) 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 radio, tape recorder
or-ether 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.
(qt) - - _ - e - :: - • - e - - e _ - -
younger. 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.
(fu) 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 city park or recreation facility.
(sv) 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.
(tw) Drive or otherwise operate an e-bike or other motorized vehicle within a park or
recreation facility, except upon surfaces sc maintained and open to the
public for purposes of vehicular travel. No person shall ride or propel a bicycle, scooter,
skateboard, er-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.
(ux) 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.
forth herein:
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2. Recreation facility means any building or structure which is located on public
. •: ....• ..• -: : • - _• _ •e : • - : - - - - - -: - -(wy) 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 bl+n€1-persons being
accompanied by a trained guide dog service animal.
5. Any person violating any of the provisions of subsections (wy)1., 2., or 3. shall
be deemed guilty of an infraction and upon conviction thereof shall be punished by
a fine not to exceed enetwo hundred and fifty dollars ($100.00250.00).
(xz) 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 that-use fuel with powered
motors.
7. Any person violating any of the provisions of subsection (xz) 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)-or plus the cost to clean or
repair any damage causedh
, whice� er s gre .
SECTION 3. CEQA. This Ordinance is exempt from the requirements of the
California Environmental Quality Act (CEQA) because: (1) it does not constitute a
"project" under CEQA Guidelines Section 15378(b)(2) in that it constitutes general policy
and procedure making; (2) it does not constitute a "project" under CEQA Guidelines
Section 15378(b)(5) in that it has no potential for resulting in physical change to the
environment, either directly or indirectly, and (3) in the alternative, it is exempt from CEQA
pursuant to CEQA Guidelines Section 15060(c)(2), since the activity will not result in
direct or reasonably foreseeable indirect physical change in the environment, and Section
15061(b)(3), since it can be seen with certainty that there is no possibility that this
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Ordinance will have a significant effect on the environment, because the Ordinance is
limited to amending park regulations within the City/District. No new construction is
proposed.
SECTION 4. 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 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 or
unconstitutional.
SECTION 5. Effective date. This Ordinance shall become effective thirty (30) days
from its adoption.
SECTION 6. 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,
and acting as ex-officio Board of Directors of the Cypress Recreation and Park District at
a regular meeting held on the 25th day of March, 2024.
L�
•YOR OF T• � CPRESS
A EST:
s-- L
IT -CLE" ' S F THE CITY OF CYPRESS
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 25th day of March, 2024, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Burke, Mallari, Marquez, Peat and Minikus
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
rig ITY C_ RK OF THE CITY OF CYPRESS