Ordinance No. 928343'
ORDINANCE NO. 928
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS, CALIFORNIA, PROHIBITING
THE CHARGING OF ADMISSION TO ANY PARTY
CONDUCTED IN A RESIDENTIAL ZONE AND
PROVIDING FOR RECOVERY OF COSTS OF POLICE
SERVICES ASSOCIATED THEREWITH
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. 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;
349
(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."
FIRST READ at a regular meeting of the City Council of said City held on
the 26th day of September , 1994; and finally adopted and ordered posted at
a regular meeting held on the th day of October , 1994.
ATTEST:
CIT LERK
MAYOR
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 11th day of October
1994; by the following roll call vote:
AYES: 5 COUNCIL MEMBERS: Age, Bowman, Kerry,
Nicholson and Partin
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 0 COUNCIL MEMBERS: None
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CITY CLER OF TH p CITY OF CYPRESS
MEB: pm: 09/ 16/94: (cyp 104. ord)
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