Ordinance No. 540ORDINANCE NO. 540
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CYPRESS
ADDING ARTICLE III TO CHAPTER 24 OF THE CODE OF THE CITY
OF CYPRESS PROHIBITING THE DISPLAY OF CERTAIN MATERIALS
IN THE PUBLIC RIGHTS OF WAY.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY DOES ORDAIN AS
FOLLOWS:
SECTION 1. Article III, commencing with Section 24 -40, hereby
is added to the Code of the City of Cypress to read as follows:
ARTICLE III
DISPLAYS OF CERTAIN MATERIALS PROHIBITED
Sec. 24 -40. Findings.
This City Council hereby finds and determines as follows:
(a) Materials depicting nudity are being prominently dis-
played in various privately -owned structures and devices which are
located within the public rights of way of this City.
(b) Such materials are thus readily available for viewing
and examination by minors unaccompanied by their parents or
guardians.
(c) Allowing minors to so view and examine such materials
will tend to have a detrimental effect upon their understanding of
the dignity of the human person, their concept of a proper relation-
ship between the sexes, and their ability to make sound judgments
in the field of sexual morality. This in turn will have a detri-
mental impact upon the moral fiber of this community and will impair
the health, safety and general welfare of the residents of this City.
(d) The display of such materials also constitutes a sub-
stantial distraction to passersby and results in obstructions to
the orderly flow of pedestrian and vehicular traffic in said public
rights of way. The display of the aforesaid materials in the public
rights of way is therefore determined to be an inappropriate use
thereof and a nuisance which should be prohibited and abated.
Sec. 24 -41. Display of Certain Material in Rights of Way
Prohibited.
(a) As used in this Section, the following terms shall have
the meaning set forth hereinbelow unless the context clearly requires
otherwise:
(i) "Display" means to make available or locate in such
a manner as to make the matter reasonably susceptible of view
and /or examination.
(ii) "Exhibit" means to show or display
(iii) "Matter" means any book, magazine, newspaper, or
other similar material.
(iv) "Minor" means any natural person under eighteen (18)
years of age.
(v) "Newsrack" means any self- service or coin- operated
box, container, storage unit or other dispenser installed,
used, or maintained for the display and /or sale of newspapers or
news periodicals.
(vi) "Person" means any individual, partnership, firm,
association, corporation, or other legal entity.
(vii) "Street" means all that area dedicated to public use
for public street purposes and shall include, but not be limited
to, roadways, parkways, alleys and sidewalks.
(viii) "Roadway" shall mean that portion of a street which
is improved, designed, or ordinarily used for vehicular traffic.
(ix) "Parkway" shall mean that area between the sidewalk
and the curb of any street and, where there is no sidewalk,
that area between the edge of the roadway and the property
line adjacent thereto. "Parkway" shall also include any
area within a roadway which is not open to vehicular travel.
(x) "Sidewalk" shall mean any surface provided for the
exclusive use of pedestrians.
(b) No person shall display or exhibit in any newsrack or
other structure which projects onto, into or over any part of the
roadway of any public street, public sidewalk, or parkway or which
rests, wholly or in part, upon, in or over any portion thereof,
any matter which contains any picture, photograph, drawing or similar
visual representation or image of a person over the age of ten (10)
years of age, visible from any public street, roadway, parkway, or
sidewalk, which:
(i) Exposes genitals, pubic hair, buttocks, perineum,
anal region, or pubic hair region; or
(ii) Exposes any device, costume, or covering which gives
the appearance of or simulates the genitals, pubic hair, buttocks,
perineum, anal region or pubic hair region; or
(iii) Exposes any portion of the female breast at or below
the areola thereof.
(c) Any material displayed or exhibited in violation of the
provisions of this Section may be summarily removed and stored in any
convenient place by any officer of the City. Such officer shall
take reasonable steps to notify the owner of said material of the
fact that it has been removed pursuant to this Section. Upon failure
of the owner to claim such material and pay the expenses of removal
and storage within thirty (30) days after such removal, said matter
shall be deemed to be unclaimed property in possession of the Police
Department and may be disposed of pursuant to the provisions of this
Code.
SECTION 2. Severability.
If any section, subsection, subdivision, sentence, clause, phrase,
or portion of this ordinance, or the application thereof to any person
or place, 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 or places. 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, or the application thereof
to any person or place, be declared invalid or unconstitutional.
PASSED AND ADOPTED by the City Council of the City r of Cypress at a
regular meeting held on the 25th day of Novembe 1974!'
ATTEST:
7
CITY `CLERK OF THE CITY'OF CYPRESS
MAYOR OF E ''CITY CYP RESS
- 2 -
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, 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 25th day of November, 1974,by the following
roll call vote:
AYES: 5 COUNCILMEN: Frankiewich, Harvey, Kanel, Sonju and Lacayo
NOES: 0 COUNCILMEN: None
ABSENT: 0 COUNCILMEN: None
CITY" CLERK OF THE CITY OF CYPRESS