Ordinance No. 527r"")."-.)
ORDINANCE NO 527
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS,
CALIFORNIA, ADDING SECTION 17 -28 TO THE CODE OF THE CITY
OF CYPRESS, REGULATING THE CIRCULATION AND FILING OF
CERTAIN PETITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1: Section 17-28 is hereby added to Chapter 17, "Offenses --
Miscellaneous," of the Code of the City of Cypress to read as follows:
Sec, 17 -28, Circulation and fil in of certain petitions
(a) Purpose, The City Council recognizes that few rights are more funda-
mental to the democratic process than the right of citizens to petition their
government for the redress of grievances. The City Council further recognizes
that this right includes the right of citizens to request other citizens to
join with them in the presentation of such petitions. However, such petitions
may be of doubtful validity unless regulations are established governing the
circulation and filing thereof. It is, therefore, the purpose of this section
to prohibit certain abuses which may attend the circulation and filing of
petitions in order that the right to petition this City may be made a truly
meaningful method of citizen -to- government communication,
(b) Definitions. As used in this section, the following terms shall
have the meanings set forth hereinbelow:
1. "Circulator" ;means any person who presents a petition to another
person in order to obtain the signature thereon of such other person, or
who attempts in any way to obtain the signature of another person on a
petition, or who obtains the signature of another person on a petition.
2- "Petition" means a written address, embodying an application,
statement, request oz prayer from the person or persons signing the
same, to the City of Cypress or to any body, board, commission, department,
officer or employee thereof, in order to influence any decision which may
be made by such body, board, commission, department, officer or employee,
or requesting that exercise of his or their authority in the redress of some
wrong or the grant or denial of some permit, privilege, license, or favor.
The term "petition" does not include petitionsrequired by law to initiate
proceedings to be undertaken by the City, Nor does the term "petition"
include any petitions authorized or required by law in connection with
an initiative, referendum or recall,
3 "Principal" means any person who, directly or indirectly, requests,
obtains, or utilizes the services of another to circulate a petition.
(c) Misrepresentations. It shall be unlawful for any person to:
10 While acting as a circulator or a principal, wilfully misrepresent
or wilfully make any false statement concerning the contents, purport or
effect of a petition to any person who signs, or who desires to sign, or
who is requested to sign, or who makes inquiries with reference to, or to
whom the petition is presented for his signature; or
2, Circulate or cause to be circulated any petition knowing it to
contain false, forged or fictitious names,
(d) Filing Requirements, No petition shall be accepted for filing by
the City or cc.asidered by any body, board, commission, department, officer
or employee of the City unless:
1, Each page thereof contains a copy of the application, statement,
request, or prayer which constitutes the petition;
2. Each circulator of the petition has attached thereto an affi-
k Writ stating (i) that he has complied with all of the laws of the City
pertaining to the circulation of petitions in circulating the petition
to which the affidavit is attached, (ii) that all signatures to said
petition were made in his presence, and to the best of his knowledge
and belief, each signature is the genuine signature of the person whose
name it purports to be, and (iii) the circulator's name and address,
the name of any person or persons on whose behalf or at whose request
the petition was circulated, a statement setting forth whether or not
the circulator was compensated for the circulation of the petition
and from whom any such compensation was promised or received; and,
3. Each principal attaches thereto an affidavit setting forth
his name and address, the names and addresses of each person who cir-
culated the petition, and whether or not such person was compensated
for such action.
It shall be unlawful for any person to file an affidavit required by
this section knowing that said affidavit contains any false or misleading
statements or representations.
SECTION 2: If any section, subsection, subdivision, sentence, clause,
phrase, or portion of this ordinance, or the application thereof to any person,
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 or its application to other
persons. The City Council of the City of Cypress 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, or the application thereof to any person, is declared
to be invalid or unconstitutional.
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the llth day of March, 1974
ATTEST:
CITY CLERK OF THE CITY' OF CYPRESS
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
C`�
YOR 0 1' THE CITY OF CYPRESS
1, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Ordinance was duly adopted at a regular meeting of the said City
Council held on the llth day of March, 1974, by the following roll call vote:
AYES: 4 COUNCILMEN: Frankiewich, Harvey, Kanel and Roberts
NOES: 0 COUNCILMEN: None
ABSENT: 1 COUNCILMAN: Lacayo
CITY-CLERK OF THE CITY OF CYPRESS