Ordinance No. 1030140
ORDINANCE NO. 1030
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CYPRESS, CALIFORNIA AMENDING CHAPTER 24, ARTICLE II,
SECTION 24 -6 OF THE CYPRESS MUNICIPAL CODE RELATING
TO EXCAVATIONS, FILLS, AND OBSTRUCTIONS WITHIN THE
PUBLIC RIGHT -OF -WAY
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 activities within the City's public rights -of -way is necessary to protect
the general health, safety, and welfare and to prevent possible hazardous conditions to
motor vehicles, bicyclist, and pedestrian; and
WHEREAS, the protection of the public's health, safety, and welfare, and the
preservation of community aesthetics requires effective measures for achieving such
ends; and
WHEREAS, the City Council finds and determines that this ordinance will
facilitate the control and limitation of items placed within the City's public rights -of -way;
and
WHEREAS, the City Council finds and determines that this ordinance is
essential for the preservation of community aesthetics, the public health, safety, and
general welfare, and will assist in attaining the foregoing objectives;
NOW, THEREFORE, the City Council of the City of Cypress hereby ordains as
follows:
Section 1: Section 24 -6 of the Cypress Municipal Code is hereby amended to
read in its entirety as follows:
Section 24 -6.1 - Permit — Required
No person shall dig up, plow up, remove, break the earth, soil, stone, pavement or other
surface of, or otherwise injury any highway, or make or cause to be made any excavation,
or construct, place upon, maintain or leave any material or any obstruction or impediment
to travel in or upon a highway, or install or maintain or cause to be installed or
maintained any tank, pipes, conduit, duct, tunnel or any installation of any nature across,
upon, in or under any highway unless he shall have first obtained a permit.
Section 24 -6.2 — Unlawful to Place Items Within the Public Right -of -Way
(a) It shall be unlawful for any person to place or maintain any object, including,
but not limited to fixed or portable basketball equipment, skateboard ramps,
hockey nets and all other types of privately owned non - vehicular sporting or
recreational equipment on any road, street or public highway, public right -of-
way, or public property. It shall not be a violation of this section to place or
maintain upon any road, street, public highway, or public right -of -way:
(1) Any solid waste or recycling containers or bins authorized by
and in accordance with the provisions of this Code;
(2) Any object necessary for the work or activity authorized by a
duly issued encroachment permit pursuant to the provisions of
this Code; or
(3) Any object required by police, fire, medical or tow service
personnel necessary to providing service within their
jurisdiction on a road, street, public highway, or public right -of-
way.
Section 24 -6.3 — Violation — Public Notice of Prohibited Condition
(a) Whenever any prohibited item is found to be in violation of this Article, the City
shall have the right, but not the obligation to cause a notice to be conspicuously
attached to such item demanding removal from the public right -of -way. Such
notice shall specify the date of posting, the closest street address to which the
item is located, and a clear, concise description of the item to be removed. The
notice shall demand such item be removed from the public right -of -way within
twenty -four (24) hours of the posting time and date.
(b) In the event a prohibited item is found in a location creating an immediate threat
to the public health, safety or welfare, the City may abate and impound the item
without delay or prior public notification. Written public notice of the City's
abatement of such item shall be conspicuously posted in the immediate area in
which the abatement occurred and on a form approved by the Director of Public
Works.
Section 24 -6.4 — Impounding of Prohibited Items — When Authorized
(a) The City may impound a prohibited item as set forth within this Article, that has
been installed, used, or maintained in violation of this Article and after notice of
such violation is given pursuant to section 24 -6.3.
(b) The City may impound a prohibited item installed, used, or maintained in
violation of this Article without prior notice whenever such item is found to be in
violation of this Article, and such item has previously been posted in accordance
with section 24 -6.3
Section 24 -6.5 — Return of Impounded Items; Conditions
(a) Any prohibited item which has been abated and impounded shall be released to
the owner and made available for pickup at the City's corporate yard during
normal operating hours, upon receipt of all associated abatement and impound
fees, as set by resolution of the City Council.
Section 24 -6.6 — Sale or Disposal After Impound
(a) The City may sell or otherwise dispose of any item that has been impounded
pursuant to this Article, and retain the proceeds including any monies, on behalf
of the City, provided that:
(1) Thirty (30) days have elapsed since impoundment and the owner has
failed to pay all abatement and impound fees assessed.
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 231"d day of September 2002 and finally adopted and order posted at a regular meeting
held on the 14th day of October 2002.
ATTEST:
11 LOA (
ITY CL RK 0 ri HE CITY OF CYPRESS
MAYO F THE CITY OF CYPRESS
2
141
142
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, JILL INGRAM- GEURTIN, City Clerk of the City of Cypress, DO HEREBY
CERTIFY that the foregoing Ordinance was duly adopted at a regularly scheduled
meeting of said City Council held on the 14th day of October 2002, by the following roll
call vote:
AYES: 5 COUNCIL MEMBERS: Keenan, McGill, Piercy, McCoy and Sondhi
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
ITY CLERK OF
HE CITY OF CYPRESS