Ordinance No. 833r ,y
ORDINANCE NO. 833
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CYPRESS AMENDING SECTIONS 1 -7,
"GENERAL PENALTY; CONTINUING VIOLATIONS,'
OF THE CODE OF THE CITY OF CYPRESS AND
RELATED PENALTY PROVISIONS TO CONFORM TO
STATE LAW
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES ORDAIN
AS FOLLOWS:
SECTION Ia. Section 1 -7., "General Penalty;
Continuing Violations," of the Code of the City of Cypress
is hereby amended to read as follows:
"(a) Whenever in this Code or in any
other ordinance of the City or in
any order, rule, or regulation
issued or promulgated by any duly
authorized officer or agent of the
City, any act is prohibited or is
made or declared to be unlawful or
the doing of any act is required and
the failure to do that act is
declared to be unlawful, and no
specific penalty is provided
therefor, violation of said
provision shall be a misdemeanor and
shall be punished by a fine not
exceeding One - Thousand Dollars
($1,000) or imprisonment for a term
not exceeding six (6) months, or by
both such fine and imprisonment.
(b) Each and every day during any
portion of which any violation of
this Code or any other ordinance,
order, rule, or regulation of the
City continues shall constitute a
separate offense, and may be
punished accordingly.
(c) When specifically designated as
such, violations of any provision of
this Code or any other City
ordinance, rule, order, or
regulation shall be an infraction,
which shall be punished as follows:
First violation: $100 fine
Second violation: $200 fine
Third and subsequent violation shall
be deemed to be a misdemeanor and
shall be punishable as set forth in
subsection (a).
Notwithstanding anything to the
contrary designating an offense a
misdemeanor, when the City Attorney,
or the District Attorney files in a
court having jurisdiction over
misdemeanor offenses a complaint
specifying that an offense otherwise
a misdemeanor is an infraction, the
violation shall be deemed an
infraction for all purposes.
(d) Citation power shall be delegated by
resolution of the City Council.
(e) Unless otherwise specifically
provided herein, the Orange County
Courts' Countywide Uniform Bail
Schedule is hereby adopted by this
reference, as if set forth in full,
for violations of the Code of the
City of Cypress."
SECTION II. Section 8 -16, "Penalties- Generally,'
of the Code of the City of Cypress is hereby amended to read
as follows:
"Any person, firm, or corporation,
violating any of the provisions of this
Code, shall be subject to the penalties
set forth in Section 1 -7 (a) and (b) of
this Code."
SECTION III. Section 8 -17, "Same - Each
Violation a Separate Offense," of the Code of the City of
Cypress is hereby repealed.
SECTION IV. Section 8 A -10, "Punishment of
Violations," of the Code of the City of Cypress is amended
to read as follows:
"It shall be a misdemeanor, punishable in
accordance with Section 1 -7(a) and (b) of
this Code, for any person during an
emergency to:
(a) Wilfully obstruct, hinder, or delay
any member of the emergency
organization in the enforcement of
any lawful rule or regulation issued
pursuant to this Chapter or in the
performance of any duty imposed upon
him by virtue of this Chapter;
(b) Do any act forbidden by any lawful
rule or regulation issued pursuant
to this chapter, if such act is of
such a nature as to give or be
likely to give assistance to the
enemy or to imperil the lives or
property of inhabitants of this
city, or to prevent, hinder or delay
the defense or protection thereof;
or,
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(c) Wear, carry or display, without
authority, any means of identifi-
cation specified by the emergency
agency of the state."
SECTION V. Section 13- 1.13(a), "Penalty," of
the Code of the City of Cypress is hereby amended to read as
follows:
"(a) Any person, violating any of the
provisions of this Article, shall be
subject to the penalties set forth
in Section 1 -7(a) and (b) of this
Code."
SECTION VI. Section 15 -46 (1), "Penalties,"
of the Code of the City of Cypress is hereby amended to read
as follows:
"(1) Penalties. Any person violating any
of the provisions or requirements of
this Section shall be guilty of an
infraction punishable in accordance
with Section 1 -7(c) of this Code.
Third and subsequent offenses shall
constitute a misdemeanor and be
punishable in accordance with
Section 1 -7(a) and (b) of this
Code."
SECTION VII. Section 16 -97 B, "Penalties," of the
Code of the City of Cypress is hereby amended to
read as follows:
"Each and every violation of this
Article is unlawful and a misdemeanor
pursuant to Health and Safety Code §
42400 and subject to the penalties set
forth in Section 1 -7 of this Code, except
that each and every day, after thirty
(30) days, that the employer or complex
violates this Article shall be considered
a separate violation."
SECTION VIII. Section 17 -27, "Penalty," of the
Code of the City of Cypress is hereby amended to read as
follows:
"Except as otherwise permitted by this
part, any person who cuts down, destroys,
moves, prunes, trims, or otherwise
modifies any landmark tree or paves any
land or constructs any structures within
thirty (30) feet of a landmark tree
growing within the City limits without a
permit to do so, or in violation of the
terms or conditions of a permit, is
guilty of a misdemeanor and, shall be
subject to the penalties set forth in
Section 1 -7(a) and (b) of this Code."
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SECTION IX. Section 17- 32(a), "Violation; Penalty," of
Code of the City of Cypress is hereby amended to read as
follows:
"Any person intentionally violating any
of the provisions of Section 17 -31 shall
be deemed guilty of a misdemeanor, and
shall be subject to the penalties set
forth in Section 1 -7(a) and (b) of this
Code."
SECTION X. Section 17 -52, "Penalty for a
Violation of Section 17 -51," of the Code of the City of
Cypress is hereby amended to read as follows:
"Any person, firm, partnership, or
corporation violating any provision of
Section 17 -51 shall be deemed guilty of a
misdemeanor and shall be subject to the
penalties set forth in Section 1 -7(a) and
(b) of this Code. Each such person, or
persons, firm, partnership, or
corporation shall be deemed guilty of a
separate offense for each and every
firework discharged, for each and every
firework sold, and for each and every day
or portion thereof during which any
violation of Section 17 -51 is committed,
continued, or permitted by such person,
persons, firm, partnership, or
corporation, and shall be deemed
punishable therefor as provided in
Section 1 -7(a) and (b) of this Code."
SECTION XI. Section 7 -D, "Enforcement" of
Appendix 1, "Zoning," of the Code of the City of Cypress is
hereby amended to read as follows:
"D. Penalties. Any person, firm, or
corporation, whether as principal, agent,
employee, or otherwise, violating any
provisions of this Ordinance or violating
or failing to comply with any order or
regulation made hereunder, shall be
guilty of a misdemeanor, unless such
provision expressly provides that the
violation thereof is an infraction, and
subject to the penalties set forth in
Chapter 1 -7 of the Code of the City of
Cypress.
SECTION XII. Section 13.4 -19, "Penalties," is
hereby added to Appendix I, "Zoning," of the Code
of the City of Cypress to read as follows:
"(a) It shall be unlawful and a
misdemeanor to violate Section 13.4 -18
hereof and subject to punishment in
accordance with Section 1 -7 of the Code
of the City of Cypress.
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(b) Any violations of Sections
13.4 -3 to 13.4 -7 and 13.4 -9 shall be
deemed an infraction and subject to
punishment in accordance with Section 1-
7(c) of the Code of the City of Cypress."
SECTION XIII. 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 XIV. 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
of said City held on the
1989 and finally adopted
meeting held on the llth
1989.
regular meeting of the
27th day of November
and order posted at a
day of December
City Council
regular
MAO OF THE CITY OFv CYPRESS
ATTEST: 2
CITY LERII: O E CI OF CYPRESS
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 11th day
of December , 1989, by the following roll call vote:
AYES:
NOES:
ABSTAINED:
ABSENT:
5 COUNCIL MEMBERS: Arnold, Bowman, Kanel, Kerry and Age
0 COUNCIL MEMBERS: None
0 COUNCIL MEMBERS: None
0 COUNCIL MEMBERS: None
CITY CLERK OF THE1ITY OF CYPRESS
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