Ordinance No. 927ORDINANCE NO. 927
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CYPRESS, CALIFORNIA,
PROHIBITING CHARGING ADMISSION TO ANY
PARTY CONDUCTED IN A RESIDENTIAL ZONE,
PROVIDING FOR RECOVERY OF COSTS OF POLICE
SERVICES ASSOCIATED THEREWITH, AND
DECLARING THE URGENCY THEREOF
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. The City Council of the City of Cypress does hereby find, determine
and declare that:
A. Pursuant to California Government Code Section 36937, the City Council
finds and determines that a current threat to the public health, peace, safety
and general welfare exists which necessitates the immediate enactment of
this Ordinance for the preservation of the public health, peace, safety and
general welfare based upon the facts set forth in this Ordinance and the
facts presented to the City Council.
B. The determination that there is a current threat to the public health, safety
and general welfare is based on the following facts and reasons:
1. There is an alarming increase in large, uncontrolled parties in
residential zones in the City of Cypress.
2. Such parties are typified by a large number of participants, many of
whom are minors; numerous vehicles parked in the neighborhood of
the party; increased traffic as participants are picked up and dropped
off, as well as those who simply "cruise by" the location of the
party; loud noise levels; alcohol and drug abuse; public defecation
by participants; and public littering, among other things.
3. Such parties are also increasingly accompanied by violence and the
possession of weapons.
4. The City of Cypress has expended considerable law enforcement
resources in responding to complaints about such parties, as well as
responding to reports of shootings and other acts of violence
occurring at such parties.
5. It is characteristic of such parties that they are frequently advertised
within the City of Cypress as well as in other cities and communities
by means of "flyers" which list the date, time and directions to the
party, as well as a fee for admission.
6. Those persons responsible for such parties are generally motivated
to hold the parties for pecuniary reasons. The admission fee charged
to participants often constitutes their host's main of compensation
and the more persons who participate in the party, the greater the
financial reward which accrues to the person responsible.
C. It is recognized that parties for which an admission fee is charged have a
serious deleterious effect upon the neighborhoods in which they are located
as well as adjacent areas. The harmful secondary effects include significant
increase in vehicular traffic, noise, public safety, and parking problems.
In addition, such parties create an increased demand for public safety and
emergency services.
Section 2. Article VI, sections 24 -56 through 24 -60 are hereby added to
Chapter 24 of the Cypress City Code to read as follows:
"ARTICLE VI: CHARGING ADMISSION TO A PARTY PROHIBITED
IN A RESIDENTIAL ZONE
Sec. 24 -56. Legislative Purpose.
(a) The City Council of the City of Cypress hereby finds and determines
that charging admission to a party in a residential zone of the City
creates a situation that is likely to lead to danger to the health, safety
and well -being of the life and /or property of its residents.
(b) In order to protect the health, safety and well -being of residents in
the community, the City Council hereby finds it necessary to prohibit
the charging of admission to a party in a residential zone of the City.
Sec. 24-57. Definitions.
As used in Sections 24 -56 through 24 -60, the following terms have the
meanings ascribed to them herein unless the context clearly otherwise
requires.
(a) Party: A group of persons assembled for social, recreational or
amusement purposes.
(b)
Residential Zone: All residential zones as defined in Section 9 of
Appendix I of the Code of the City of Cypress.
(c) Charging Admission: The demand and /or receipt of a tangible
benefit, monetary or otherwise, in exchange for the right or privilege
of admittance to a party. The customary courtesies and clearly non-
commercial activities such as gifts by guests, sharing of expenses for
dinner and beverages or reciprocal hospitality shall not be considered
a charge for admission. "Charging Admission" does not include a
donation for a political, charitable, or religious purpose. It shall be
prima facie evidence that admission is being charged that a flyer,
pamphlet or leaflet has been circulated containing information
relating to the party and listing or suggesting a cost for admission.
(d) Person Responsible for the Event:
(1) The person who owns the property where the party,
gathering, or event takes place;
(2) The person in charge of the premises;
(3) The person authorizing use of the premises for the event;
and /or
(4) The person who organized the event.
(e) Police Services Fee: Includes all costs of personnel and equipment
for the amount of time actually spent in responding to or in
remaining at the party at a rate established by resolution of the City
Council, including but not limited to the salaries of the police
personnel, the actual cost of any medical treatment to injured
officers, the cost of repairing any damaged city equipment or
property, and overhead and administrative costs related to all of the
foregoing.
Sec. 24 -58. Acts Prohibited.
It is unlawful to charge admission to any party conducted in a residential
zone of the City of Cypress.
Sec. 24 -59. Violation of Section 24 -58 Declared to Be a Misdemeanor.
Violation of Section 24 -58 is a misdemeanor punishable by a fine not to
exceed five hundred dollars ($500.00) or by imprisonment in the County
Jail not to exceed six (6) months, or by both such fine and imprisonment.
Sec. 24 -60. Police Services Fee Recoverable.
After police have notified the person in charge of the premises and /or the
person responsible for the event of its unlawfulness, any subsequent costs
of providing police services at that location relating to an unlawful event as
defined in this ordinance, are recoverable from the person responsible for
the event. If the person responsible for the event is a minor, then the
parents or guardians of that minor shall be jointly and severally liable for
the costs incurred for police services. The amount of such fees charged
shall be deemed a debt to the City from the person or persons responsible
for the event receiving said services and, if minors, their parents or
guardians. Any person owing money shall be liable in an action brought
by the City in its own name for recovery of such amount, including
reasonable attorneys' fees.
Section 3. The City Clerk shall certify to the passage of this Ordinance as an
urgency ordinance and shall cause the same to be published and /or
posted in the manner required by law.
PASSED AND ADOPTED by the City Council of the City of Cypress at a
regular meeting held on the 26th day of September 1994.
ATTEST:
AW//
CITY CLERK
MAYOR
;
-3-
346
347
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF CYPRESS
) 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 26 th day of September
1994; by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, [terry,
Nicholson and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
MEB: pm: 09/ 19/94 : (cyp 104 . ord)
C TY CLE OF T CITY OF CYPRESS
4