Cypress Municipal Code Art. III Prohibited Acts

No person shall discard, throw, dump or dispose of any solid waste or hazardous waste upon any property within the city, whether public or private, excepting only the discarding, depositing, disposal or placement in containers, buckets and/or bins to be used for the proper containment, transportation and disposal of such waste material and the proper treatment, recycling and/or disposal of such waste in properly licensed and permitted solid and/or hazardous waste facilities. No person shall abandon, dispose of, or discard barrels, containers or other closed receptacles of solid waste, hazardous waste or liquid waste of any kind whatsoever upon any property in the city whether public or private, except as specifically authorized and permitted under all applicable local, state, and federal laws.

(a) Vehicle impoundment.

(1) Purpose. The purpose of this subsection is to deter and abate illegal dumping within the city by authorizing the impoundment of motor vehicles used in the commission of violations of this Chapter 12 Article III of this code.

(2) Definitions. For purposes of this subsection:

"Illegal dumping"

means any act that constitutes a violation of this Chapter 12 Article III.

"Impound or impoundment"

means the removal and storage of a vehicle by or at the direction of a peace officer or other authorized enforcement officer.

"Vehicle"

has the same meaning as in the California Vehicle Code.

(3) Authority to impound.

(i) Any vehicle used in the commission of illegal dumping within the city may be impounded when a peace officer or other authorized enforcement officer has probable cause to believe that the vehicle was used in violation of this Chapter 12.

(ii) Impoundments under this section shall be carried out in accordance with applicable provisions of the California Vehicle Code, including, without limitation, those governing removal, storage, notice, and post-storage hearings, including, but not limited to, Vehicle Code Sections 22651, 22655.5, 22850 through 22852, and 23112.7, as they may be amended from time to time.

(4) Duration of impound.

(i) A vehicle impounded pursuant to this subsection may be stored for up to 30 days, or for such other period as may be permitted or required by the California Vehicle Code, unless released earlier under subsection (a)(7).

(5) Notice of impoundment.

(i) The city, or its towing and storage contractor, shall provide notice of the impoundment to the registered and legal owners of the vehicle in the manner and within the time required by the California Vehicle Code.

(ii) The notice shall include the grounds for the impoundment, the location of the vehicle, the procedures for reclaiming the vehicle, and the right to request a post‑storage hearing.

(6) Post‑Storage Hearing.

(i) The registered and legal owners of an impounded vehicle shall be entitled to a post‑storage hearing to determine the validity of the impoundment, consistent with the California Vehicle Code.

(ii) The city manager, or designee, shall designate a hearing officer and adopt administrative procedures to implement this subsection, including procedures for requesting and scheduling hearings, conducting hearings, and issuing decisions.

(7) Early release; invalid impoundment.

(i) A vehicle shall be released prior to the end of the impound period if it is determined at or before the post‑storage hearing that there was no reasonable cause to believe the vehicle was used in illegal dumping, or if release is otherwise required by the California Vehicle Code or other applicable law.

(ii) If the impoundment is determined to have been invalid, the city shall not collect administrative fees under this section, and towing and storage charges shall be handled in accordance with the California Vehicle Code.

(8) Innocent owner protections.

(i) An impounded vehicle shall be released to a registered or legal owner before the end of the impound period if that owner establishes, to the satisfaction of the hearing officer or court, that:

(A) The vehicle was used in illegal dumping without the owner's knowledge or consent; or

(B) At the time of the illegal dumping, the vehicle had been reported stolen.

(ii) Nothing in this subsection limits the city's ability to seek administrative penalties, fines, or cost recovery from any person who committed or caused the illegal dumping.

(9) Fees and costs.

(i) To the extent permitted by law, the registered and/or legal owners of a vehicle impounded pursuant to this subsection shall be responsible for all towing, storage, and related costs.

(10) Additional remedies.

(i) The remedies provided in this subsection are cumulative and in addition to any other civil, criminal, or administrative remedies available to the city under this code, state law, or equity.

(ii) Impoundment of a vehicle under this section does not preclude the issuance of citations, imposition of administrative penalties, recovery of cleanup and abatement costs, or prosecution for illegal dumping.

(Ord. No. 1190, § 6, 9-27-21; Ord. No. 1231, 4/28/2026)

Except when retrieving an item of solid waste accidently discarded prior to pick up by the solid waste collector, no person shall access any container for the purposes of removing or taking solid waste or recyclable materials placed therein for collection by the solid waste collector. No person other than an agent or employee of the city or the solid waste collector shall remove or otherwise interfere with any container that has been placed in a location appropriate for storage and/or the collection of solid waste without the prior written approval of the owner, occupant or other person in charge of the day-to-day operation of the premises.

(Ord. No. 1190, § 6, 9-27-21)

To protect public health, safety and wellbeing, no person shall collect any solid waste or source-separated recyclable materials from any location within the city without a franchise, permit, or other written authorization from the city. No person shall construct or operate a solid waste management enterprise or facility, including, but not limited to, a material recovery facility, landfill, composting facility, or buy-back recycling center, or collect any form of solid waste in the city, without first satisfying all applicable city requirements for land use approval, business license, franchise, permit and any other approvals required under any local, state or federal law. The requirements of this chapter apply to the issuance of any such franchise, permit, or other approval.

(Ord. No. 1190, § 6, 9-27-21)

(a) Unauthorized containers. No person shall place any solid waste collection container on a premises for collection, transportation, and/or disposal of solid waste by any person other than a solid waste collector or other city-permitted waste collector. All such unauthorized containers may be removed and impounded by order of the director.

(b) Notice of violation. Prior to removal and impound of an unauthorized container, the city shall attempt to identify the owner of the unauthorized container, and shall serve upon the owner of the unauthorized container a written notice of violation by mail, if the owner's mailing address is known and by posting a copy of the notice of violation upon the unauthorized container. The city shall take a photograph that shows the notice affixed to the unauthorized container, and the owner shall be deemed to have been served at the time the notice is affixed to the container. If the owner's electronic mail address and/or telephone number are known, the city may provide an additional notice of violation through electronic mail or telephonically; however, failure to notify the owner by electronic mail or telephone shall not invalidate the notice.

(c) Terminate use. Upon the posting of notice of violation on the unauthorized container, any person using the unauthorized container shall immediately cease placing solid waste in the unauthorized container.

(d) Impound; notice.

(1) The owner of an unauthorized container shall remove the unauthorized container from any location where it may be serviced by an unpermitted waste collector within 24 hours of receipt of a notice of violation, as provided in this section. If the owner fails to remove the unauthorized container, then the city may cause the unauthorized container to be impounded.

(2) Following impoundment, the city shall provide the owner of the unauthorized container with writ-ten notice of the impoundment and information for reclaiming the unauthorized container by mail, if mailing address is known. If electronic mail and/or telephone number are known, the city may provide notice after impoundment through electronic mail or telephonically; however, failure to notify the owner by electronic mail or telephone shall not invalidate the notice. If neither a mailing address, nor an electronic mail address or telephone number are known, the city shall post a written notice of impoundment as close to the location of the unauthorized container as possible in a location likely to be seen by a person looking for the unauthorized container.

(3) Unauthorized containers not reclaimed from impoundment within 30 days and whose impoundment is not contested pursuant to subsection (g) of this section shall become property of the city to be sold or disposed of as determined by the city.

(e) City costs; violations.

(1) The owner of an unauthorized container shall be responsible to reimburse the city for the actual costs of the impoundment, dumping, storage, and administrative processing of impounded unauthorized containers. All amounts due to the city for the cost of the impoundment, dumping, storage, and administrative processing shall be paid before an impounded unauthorized container is returned to the owner. The costs incurred by the city for impoundment, dumping, storage, and administrative processing shall constitute a debt owed to the city by the owner, who shall be liable therefore in any action by the city for recovery of such amounts.

(2) Violations of this section shall also be punishable as set forth in Article VIII of this chapter.

(f) Delegation. The director may delegate to a franchised solid waste collector the authority to impound and/or store unauthorized containers and to collect fees and charges levied by the city. Such a franchised solid waste collector shall comply with the requirements of this section and shall coordinate with the city in carrying out this section.

(g) Administrative hearing.

(1) Request for hearing. The owner of an unauthorized container may contest the basis of the impoundment of the unauthorized container by filing a written request with the director for a hearing within five business days from the date of notice, accompanied by all costs of impoundment owed pursuant to subsection (e)(1) of this section and a fee set by resolution of the city council that co-vers the costs of the administrative hearing. The director shall set a date for a hearing before the hearing officer, who shall be selected by the city manager, to occur within 30 calendar days from the date of the request. Notice shall be given to the responsible party at least 10 days in advance of such hearing.

(2) Administrative order. Within 10 business days of the conclusion of the hearing, the hearing officer shall provide the owner of the unauthorized container with his or her decision in writing (referred to as "administrative order") by personal service or by certified mail, return receipt requested, to the owner's last known address.

(i) The administrative order shall contain the hearing officer's reasons for the decision and the procedure described in section 1-12.2 of this code for seeking judicial review.

(ii) A decision in favor of the owner shall result in the city promptly returning any impound fees paid by the owner and any container that was determined to be unlawfully impounded.

(iii) A decision in favor of the city shall result in the owner complying with the administrative order or seeking judicial review of the administrative order, as described in section 1-12.2.

(3) Failure to attend administrative hearing. The owner's failure to appear at a hearing shall constitute a waiver of the right to a hearing and the hearing officer shall make a decision based solely on the city's administrative record and any evidence submitted to the city by owner prior to the hearing date, but without a hearing.

(h) Establishment of policies. The director may establish administrative policies and procedures, including administrative hearing procedures, for the purpose of carrying out this section.

(Ord. No. 1190, § 6, 9-27-21)

To protect the public health, safety and wellbeing, the keeping of solid waste in containers other than authorized containers, or the keeping of offensive, obnoxious, or unsanitary solid waste or hazardous waste on any property, is unlawful, constitutes a public nuisance, and may be abated in the manner provided by law for the abatement of nuisances. To protect the public health, safety and wellbeing and to prevent the growth and spread of vectors, it is unlawful, and a public nuisance, for any person to own, occupy, operate, inhabit, maintain or otherwise be in day-to-day control of any premises for which arrangements for the regular collection and removal of solid waste have not been made in accordance with this chapter.

(Ord. No. 1190, § 6, 9-27-21)

To protect public health, safety and wellbeing, no person shall burn any solid waste within the city, except in an approved incinerator or transformation facility or other device for which permits have been issued from authorizing regulatory agencies, including, but not limited to, the city and fire and air pollution control agencies, and provided that the act of burning complies with all applicable laws, permits, rules and regulations governing such event. No person shall bury solid waste at any place within the city, except as specifically authorized and permitted under all applicable local, state and federal laws.

(Ord. No. 1190, § 6, 9-27-21)

To protect the public health, safety and wellbeing, and to minimize interference with public rights-of-way, no person shall place any bulky waste item or any other large item not appropriate for regular collection in or adjacent to a street or public right-of-way without prior approval and arrangement with the solid waste collector for pick-up.

(Ord. No. 1190, § 6, 9-27-21)

With the exception of containers placed in public areas for use of the public, no person shall enter the property of another and utilize the container on such property for disposal of solid waste, without the permission of the owner, occupant, or person otherwise responsible for the container.

(Ord. No. 1190, § 6, 9-27-21)