Ordinance No. 1133124
ORDINANCE NO. 1133
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA AMENDING CYPRESS MUNICIPAL CODE § 24 -78
REGARDING SOLICITATION OF EMPLOYMENT
WHEREAS, on May 26, 1998, the City Council of the City of Cypress adopted
Ordinance No. 997, prohibiting, among other activities, individuals from soliciting
employment and business from public streets, highways to allow for the free flow of
traffic in order to prevent a dangerous hazard to the public; and
WHEREAS, in light of the en banc decision of the Ninth Circuit Court of Appeals,
in the case of Comite de Jornaleros de Redondo Beach v. City of Redondo Beach, 657
F.3d 936 (9th Cir. 2011), the City Council desires to clarify Municipal Code § 24 -78 to
assure that the same is in compliance with this federal appellate court decision.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 24 -78 of the Cypress Municipal Code is hereby amended to
read, in its entirety, as follows (deletions, if any, in striketh-r-aug-h text; insertions, if any,
in bold and underlined text):
"(a) It is unlawful for any person, while standing in any portion of
the public right -of -way, including a street, roadway, sidewalk, parkway,
alley, highway, and driveway, to solicit or attempt to solicit, employment,
business or contributions of money or other property from any person
travelling in a vehicle along a public right -of -way including but not limited to
a street, roadway, sidewalk, parkway, alley or driveway in a manner that
obstructs, impedes or interferes with the lawful movement of
vehicular or pedestrian traffic.
(b) It is unlawful for any person while the occupant of any vehicle,
to solicit, or attempt to solicit, employment, business or contributions of
money or other property from a person who is within the public right -of -way,
including any street, roadway, sidewalk, parkway, alley or driveway in a
manner that obstructs, impedes or interferes with the lawful
movement of vehicular or pedestrian traffic."
SECTION 2. If any section, subsection, sentence, clause, or phrase of this
ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of any 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 passed this ordinance, and each and every section, subsection, sentence, clause
and phrase thereof not declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 3. The City Clerk is hereby authorized and directed to certify as to the
passage of this Ordinance and to give notice thereof by causing copies of this Ordinance
to be posted in three (3) public places throughout the City.
FIRST READING at a regular meeting of the City Council of said City held on the
14th day of May, 2012 and finally adopted and order posted at a regular meeting held on
the 29th day of May, 2012.
ATTEST:
CITY CLERK OF THE CITY OF CYPRESS
A,•V'
OF T ITY OF CYPRESS
125
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DENISE BASHAM, 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 29th day of May, 2012, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Luebben, Mills, Seymore, Narain, and Bailey
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
i&a,a4y,
CITY CLERK OF THE CITY OF CYPRESS