Ordinance No. 862024
ORDINANCE NO. 862
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS AMENDING SECTION 17 -40 OF
THE CODE OF THE CITY OF CYPRESS TO
PROHIBIT THE PUBLIC CONSUMPTION OF
ALCOHOLIC BEVERAGES AND ADDING SECTION
17 -55 TO THE CODE OF THE CITY OF CYPRESS
TO PROHIBIT PUBLIC URINATION AND
DEFECATION FOR HEALTH AND SAFETY REASONS
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN
AS FOLLOWS:
SECTION I. The City Council of the City of
Cypress does hereby find and declare as follows:
(a) Numerous health and safety problems arise from
consumption of alcohol in public and semi - public areas,
including but not limited to assault and battery, theft, and
public urination and defecation; and
(b) It is necessary to establish a prohibition on
drinking of alcohol by individual members of the public in
public and semi - public places; and
(c) Homeowner association commonly -owned proper-
ties have also experienced health and safety problems
arising from individuals drinking in these areas, including
but not limited to, assault and battery, theft, and public
urination and defecation; and
(d) Because homeowner association property,
especially greenbelt areas, common driveways and walkways,
enhance and complement other public areas of the City, and
have a nature similar to public property, the City Council
finds it to be in the City's interest to regulate activity
and conduct on said property.
SECTION II Section 17 -40, "Drinking Alcoholic
Beverages in Certain Places," of the Code of the City of
Cypress is hereby amended to read as follows:
"17 -40. Drinking Alcoholic Beverages in
Certain Places Prohibited.
(a) It shall be unlawful, and subject to
punishment in accordance with Section 1 -7
of this Code, for any person to appear at
any public place or at any place open to
public view or on any public street,
alley, highway, sidewalk, court, park,
public restroom, railway depot, plaza,
public square, public or private parking
lot, or any vacant lot in a state of
drunkeness or intoxication within the
City of Cypress. It shall be unlawful,
and subject to punishment in accordance
with Section 1 -7 of this Code, for any
person to drink or consume any alcoholic
beverage from within or upon any vehicle
parked or being driven anywhere within
the City.
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(b) It shall be unlawful, and subject to
punishment in accordance with Section 1 -7
of this Code, for any person to be on any
private premises or in any private house
in a state of drunkeness or intoxication
to the annoyance of others.
(c) The drinking of any intoxicating
liquor or any fermented malt beverage, or
the possession of any open container
which contains an intoxicating liquor or
fermented malt beverage, unless
specifically permitted by the prior
written approval of the City, shall be
unlawful, subject to punishment in
accordance with Section 1 -7 of this Code,
and prohibited:
(1) On any street, roadway,
boulevard, alley, parking lot,
sidewalk, or public way in the City;
(2) In the public parking, loading,
and access areas of any commercial
shopping center;
(3) On any grounds owned by or
under the control of a public school
district or public park district
within the City, or within a
distance of 300 feet from any
exterior boundary of such grounds,
except on private residential
property or within a property
licensed commercial establishment;
and,
(4) Within any public park,
recreational area, or recreation
facility owned and /or operated by
the City, County, or any public
agency.
(d) No person shall drink any
intoxicating liquor, or any fermented
malt beverage, or have in his or her
possession any open container which
contains an intoxicating liquor or malt
beverage, upon property, including
greenbelt areas, common walkways, and
common driveways, owned or controlled by
a homeowner's association where:
(1) The homeowner's association has
requested in writing that the City
extend its drinking prohibition upon
the homeowner's association's
property; and
(2) The homeowner's association has
posted on the property a notice in
substantially the following form:
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'Drinking of liquors, beers, or
other fermented beverages on this
property, including greenbelt areas,
common walkways, and common
driveways, is prohibited and subject
to criminal prosecution and a fine
of up to $1,000 . ' "
SECTION III Section 17 -55, "Urination and Public Waste"
is hereby added to the Code of the City of Cypress to read
as follows:
"Section 17 -55. Urination and Human
Waste.
No person shall urinate or defecate
on private property in any area exposed
to the public view, or on any public
street, sidewalk, alley, park, or other
public place, except in a public or
private restroom. It shall be unlawful,
subject to punishment in accordance with
Section 1 -7 of this Code for any person
to violate any provision of this
Section."
SECTION IV If any section, subsection,
subdivision, 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
hereby declares that it would have adopted this Ordinance,
and each section, subsection, subdivision, sentence, clause,
phrase, or portion thereof, irrespective of the fact that
any one or more sections, subsections, subdivisions,
sentences, clauses, phrases or portions thereof be declared
invalid or unconstitutional.
SECTION V 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 public places throughout the
City.
FIRST READ at a regular meeting of the City Council
of said City held on the 25th day of March ,
1991 and finally adopted and order posted at a regular
meeting held on the 8th day of April
1991.
ATTEST:
CITY CLE OF THE/CITY OF CYPRESS
MAYOR OF THE
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STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
I, DARRELL ESSEX, City Clerk of the City of
Cypress, California DO HEREBY CERTIFY that the foregoing
Ordinance was duly adopted at a regular meeting of the City
Council of the City of Cypress, held on the 8th day
of April , 1991, by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Kerry, Nicholson, Partin and
Bowman
NOES: 0
ABSTAINED: 1
ABSENT: 0
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Age
COUNCIL MEMBERS: None
CITY CLERK OF THE Y OF CYPRESS
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