Ordinance No. 869ORDINANCE NO. 869
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS ADDING SECTION 17 -70,
"REGULATION OF ATHLETIC ACTIVITIES ON
CITY OWNED PROPERTY," TO THE CODE OF THE
CITY OF CYPRESS.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN
AS FOLLOWS:
SECTION I. Section 17 -70, "Regulation of Athletic
Activities on City Owned Property," is hereby added to the
Code of the City of Cypress to read as follows:
"Sec. 17 -70. Regulation of Athletic
Activities on City Owned Property.
(a) No person shall conduct, engage in,
or participate in any sport, game, or any
organized or unorganized athletic
activity or activities within or upon any
property owned by the City in any area
where the City Council has prohibited
such sports, games, or activities by
Resolution, and posted signs prohibiting
the same in that area.
(b) For purposes of this Section, the
terms 'sport," 'game,' or 'athletic
activity' or 'athletic activities' shall
include, but not be limited to, any
activity, sport, game, or event utilizing
any of the following items set forth
below:
(1) 'Baseball. bat.'
(2) 'Bicycle' which shall mean and
include any device upon which a
person or persons may ride,
which is propelled by human
power through a system of
belts, chains, or gears, and
which has wheels at least
twenty (20) inches in diameter
and a frame size of at least
fourteen (14) inches.
(3) 'Hockey stick' or 'lacrosse
stick.'
(4) 'Puck" which shall mean a hard
rubber disk used in hockey as
the playing and scoring medium.
(5) 'Rollerskate' which shall mean
any footwear or device which
may be attached to the foot or
footwear, to which wheels are
attached and such wheels may be
used to aid the wearer in
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moving or propulsion. The term
'rollerskate' shall include,
but not be limited to, 'roller -
blade.'
(6) 'Skateboard' which shall mean a
board of any material, which
has wheels attached to it and
which if propelled or moved by
human, gravitational, or
mechanical power, and to which
there is not fixed any device
or mechanisms to turn or
control the wheels.
(c) Prior to enforcing the prohibition
set forth above, the City Manager shall
cause to be posted a sign in
substantially the following form:
'Athletic Activities Prohibited.
In accordance with Section 17 -70 of the
Cypress City Code, it is unlawful to
participate in or to play any sport,
game, or any organized or unorganized
athletic activity in this area.
Violators are subject to a fine of
$25.00, for the first violation; $50.00
for a second violation; and $100.00 or
greater for a third and subsequent
violation.'
(d) The provisions of this Section shall
not be construed to prohibit persons from
engaging in organized recreation
activities conducted and scheduled by the
City, nor to prohibit the City from
conducting such activities.
(e) Persons found in violation of this
provision shall be subject to a fine of
twenty -five dollars ($25.00) for a first
offense; fifty dollars ($50.00) for a
second offense, and a fine of one- hundred
dollars ($100.00) as an infraction for a
third and subsequent offense. In
accordance with Section 1 -7(c) of the
Cypress City Code, repeat offenses beyond
the third infraction, shall be deemed a
misdemeanor and punishable in accordance
with Section 1 -7 of this Code."
SECTION II. 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,
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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 III. 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 10th day of June
1991 and finally adopted and order posted at a regular
meeting held on the 24th day of June
1991.
MAYOR OF THE CITY OF CYPRESS
ATTEST:
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 24th day
of June , 1991, by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Kerry, Nicholson, Partin
and Bowman
NOES:
ABSTAINED:
ABSENT:
0 COUNCIL, MEMBERS: None
0 COUNCIL MEMBERS: None
0 COUNCIL MEMBERS: None
CITY CLERK 0 THE C Y OF CYPRESS