Ordinance No. 1064ORDINANCE NO. 1064
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS, CALIFORNIA,
ADDING SECTION 17 -72 OF THE CYPRESS CITY CODE RELATING TO PARK
REG ULATIONS.
WHEREAS, the City Council of the City of Cypress has the authority, and recognizes
the necessity to react when the potential exists for conditions adverse to the public health,
safety, general welfare, and convenience of its citizens; and
WHEREAS, the City Council of the City of Cypress finds and determines that the
regulation of the City's public parks is necessary to protect the general health, safety, welfare,
and convenience of its citizens; and
WHEREAS, the City Council is adding Section 17 -72 of the City of Cypress City Code
in order to ensure the above;
NOW, THEREFORE, the City Council of the City of Cypress hereby ordain as follows:
Section 1: Section 17 -72 of the Cypress City Code is hereby amended to read in its
entirety as follows:
Sec. 17 -72. Park Regulations.
It shall be unlawful for any person within the limits of any park or other recreation
facility (as those terms are defined in Subsection V below) owned and operated by
the City 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- sanctioned event which
makes an exception to this subsection.
B. Distribute any handbill or circular on or within any City park or recreation facility,
or post or affix to any City park or recreation facility property, any bills, notice,
paper or advertising device or matter of any kind. The distribution of fliers at any
City sanctioned event shall be conducted only at the times and locations
determined by the City.
C. Camp or lodge overnight. No person shall erect tents, shacks, or any other
temporary shelter for the purpose of overnight camping, nor shall any person
leave in a park after closing hours any movable structure or vehicle that could
be used for such purpose. The provisions of this section shall not apply when in
connection with a city- sanctioned event.
D. Construct or erect any building or structure of whatever kind, whether
permanent or temporary in character, without permit from the City 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 sanctioned event or pursuant to an authorization issued by the City and
then only in such park area or recreation facility area as designated by the City
F. Engage in any disorderly conduct. Disorderly conduct includes, but is not
limited to:
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1. To engage in 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
G. Consume, distribute, or be in the possession of any alcoholic beverage except
pursuant to an authorization issued by the City.
H. Possess, transport, purchase, sell, giving away, or consume or ingest any non-
prescription narcotics or illegal drugs.
I. Hold any organized or sponsored event, service, sporting event, concert,
exercise, parade or exhibition at which more than 25 persons are expected to
attend without first obtaining a permit for such event from the City.
J. Light or maintain any fire except in designated picnic stoves, barbecues, fire pits
or other area provided for such purposes.
K. Operate fuel powered model or miniature helicopters or airplanes, rockets or
missiles of any type except in areas designated by the City for such purposes.
L. Play, practice or in any way engage in the game of golf except at times and
places designated by the City for such purposes.
M. To practice, carry on, conduct or solicit for any trade, occupation, business or
profession of whatsoever kind or character without permission of the City.
Nothing in the Subsection is intended to prevent any person from expressing
freedoms protected by the First Amendment.
N. 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. No materials, substances
or objects shall be placed in the sandbox sand.
O. 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.
P. 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 other 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.
Q. For any female to expose the areola(s) of her breast(s), except while
breastfeeding an infant, or for any person, male or female, to expose his or her
genitalia or buttocks. The provisions of this Section shall not apply to persons
four years of age or younger.
R. 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, or motor oil may not be disposed of in
any garbage can or receptacle in a City park.
S. Molest, injure or kill any animal.
T. Drive or otherwise operate a vehicle upon surfaces other than those maintained
and open to the public for purposes of vehicular travel. No person shall ride or
propel a bicycle, scooter, skateboard, or roller skates outside of areas
designated for such use.
U. 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.
V. 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 of
Cypress 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 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.
W. 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, as those terms are defined in subsection V above.
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 W(3) 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 blind persons being
accompanied by a trained guide dog.
5. Any person violating any of the provisions of subsection W(1), W(2) or W(3)
shall be deemed guilty of an infraction and upon conviction thereof shall be
punished by a fine not to exceed one hundred dollars ($100.00)."
Section 2: The City Clerk of the City of Cypress shall certify to the passage and
adoption of this ordinance and the same shall be posted as required by law and shall take
effect as provided by law.
FIRST READING at a regular meeting of the City Council of said City held on the 8th
day of November, 2004, and finally adopted and order posted at a regular meeting held on
the 22nd day of November, 2004.
ATTEST:
CLERK OF THE CITY OF CYPRESS
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MAYOR OF THE CITY OF CYPRESS
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STATE OF CALIFORNIA
COUNTY OF ORANGE ) SS
I, JILL R. GUERTIN, City Clerk of the City of Cypress, DO HEREBY CERTIFY THAT
THE FOREGOING Ordinance was duly adopted by said City Council at a regular meeting
held on the 22nd day of November, 2004, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: McCoy, McGill, Sondhi, Piercy and Keenan
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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CLERK OF THE CITY OF CYPRESS