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Ordinance No. 1029138 ORDINANCE NO. 1029 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS CALIFORNIA, AMENDING CHAPTER 29.9(A) OF THE CYPRESS ZONING ORDINANCE RELATING TO SIGNS ATTACHED TO VEHICLES, VEHICLE PARTS, TRAILERS, OR OTHER OBJECTS PARKED WITHIN OR NEAR ARTERIAL HIGHWAYS AND OTHER PUBLIC RIGHTS -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 finds and determines that signs attached to or imprinted upon motor vehicles, vehicle parts, trailers or other objects within or near the public right -of -way create a visual blight in the City in that such signs diminish community aesthetics, and detract from the orderly planned use of land resources; and WHEREAS, the City Council finds and determines that signs attached to or imprinted upon motor vehicles, vehicle parts, trailers or other objects within or near the public right -of -way may distract a motorist or bicyclist, or cause such persons to divert their attention from the road for the purpose of viewing or reading the sign, thereby endangering such persons and all those nearby; and WHEREAS, the City Council finds and determines that signs attached to or imprinted upon motor vehicles, vehicle parts, trailers or other objects within or near the public right -of -way pose a threat to the quality of life of residents and merchants throughout the City; and WHEREAS, the City Council finds and determines that the safety of motorists and bicyclists traveling on arterial highways with a high volume of vehicle traffic are more likely to be adversely affected by signs attached to or imprinted upon motor vehicles, vehicle parts, trailers or other objects within or near the public right -of -way because such arterials tend to conduct larger quantities of faster - moving vehicles, thereby making distractions more dangerous; and WHEREAS, the City Council wishes to protect the First Amendment rights of its citizens, but desires to balance those rights with the need to promote public safety and safeguard and enhance the appearance of the City; and WHEREAS, the City Council finds and determines that this ordinance will facilitate the control and limitation of signs attached to or imprinted upon motor vehicles, vehicle parts, trailers or other objects within or near the public rights -of -way within the City; and WHEREAS, the City Council finds and determines that this ordinance is critical 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 29.9(A) of the Cypress Zoning Ordinance is hereby amended to read in its entirety as follows: "A. Signs painted or imprinted upon, or attached in any way to a motor vehicle, vehicle part, or trailer that is parked or stored at all times on or within fifty (50) feet of the City's arterial highways, and for a period in excess of twenty -four (24) hours on all other public rights -of -way. 1. For the purpose of this Section only, "arterial highway" shall mean Lincoln Avenue, Katella Avenue, Valley View Street, Ball Road, Cerritos Avenue, Knott Avenue, Moody Avenue, Orangewood Avenue, Bloomfield Street, Crescent Avenue, Denni Street, Holder Street, Orange Avenue, and Walker Street. 2. This subsection shall not apply to government owned vehicles or vehicles used exclusively for the delivery of goods or provision of services. Violations of the provisions of this section 29.9(A) shall be an infraction subject to the issuance of a citation and shall be punishable by a fine of forty dollars ($40.00). Each day a violation is committed shall be considered a separate offense subject to the issuance of a separate violation." Section 2. If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is for any reason, 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 of the City of Cypress hereby declares that it would have adopted this Ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions thereof may be declared invalid or unconstitutional. Section 3. This Ordinance shall be in full force and effect thirty (30) days after its passage. Section 4. The City Clerk shall certify to the passage and adoption of this Ordinance by the City Council of the City of Cypress and shall cause a summary of this ordinance to be published in accordance with Government Code Section 36933. FIRST READING at a regular meeting of the City Council of said City held on the 22nd day of July, 2002, and finally adopted and order posted at a regular meeting held on the 12th day of August, 2002. MAYO THE CITY OF CYPRESS ATTEST: Y CLERK OF T ITY OF CYPRESS STATE OF CALIFORNIA ) COUNTY OF ORANGE ) SS I, JILL INGRAM- GUERTIN, City Clerk of the City of Cypress DO HEREBY CERTIFY that the foregoing was duly adopted at a regularly scheduled meeting of said City Council held on the 12th day of August 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 Y CLER OF T 14 ITY OF CYPRESS 139