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HomeMy Public PortalAbout07-1382ORDINANCE NO. 07 -1382 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, PROHIBITING CRUISING ON CITY STREETS WHEREAS, the City Council for the city of Carson is concerned with the occurrence of cruising by residents of and visitors to the city; and WHEREAS, the City Council believes that vehicles cruising the city's streets create unnecessary traffic congestion and has the secondary effect of causing additional pollution within the city; and WHEREAS, the City Council believes that enacting regulations to regulate cruising will discourage cruising within the city. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CARSON DOES HEREBY ORDAIN AS FOLLOWS: Section 1. A new Section 3245, et seq., is hereby added to the Carson Municipal Code to read as follows: § 3245 Cruising Regulations. Sections: § 3245.1 Cruising Prohibited. § 3245.2 Definitions. § 3245.3 Establishment of Traffic Control Points. § 3245.4 Exceptions. § 3245.5 Penalty for Cruising & Successive Violations. § 3245.1 Cruising Prohibited. It shall be unlawful for anyone to engage in cruising, as defined in Section 3245.2, upon any of the streets or highways within the city of Carson. § 3245.2 Definitions. (a) "Cruising" means (i) the driving of a motor vehicle two or more times within a six -hour period past a traffic control point in traffic that is congested at or near a traffic control point, as determined by the ranking Los Angeles 01007/0001/49584.01 County Sheriff's Deputy on duty within, or near, the area affected by traffic congestion, or his or her designee, (ii) after the vehicle's operator has been given an adequate written notice that further driving past the traffic control point will be in violation of Section 3245, et seq., and (iii) when the vehicle is being driven on a portion of a street identified as being subject to cruising controls by signs posted at the beginning and end of the controlled portion of the roadway, which signs clearly state the appropriate provisions of Section 3245, et seq., and California Vehicle Code § 21100(k). (b) A "traffic control point" means a location utilized as an observation point by the Los Angeles County Sheriff's Department to monitor traffic for potential violations of Section 3245, et seq. § 3245.3 Establishment of Traffic Control Points. The ranking Los Angeles County Sheriff's Deputy, having determined that an area is affected by traffic congestion, may establish one or more traffic control points at or near such area to regulate cruising. Every traffic control point shall be evidenced by the placement of signs prohibiting cruising and briefly stating the appropriate provisions of Section 3245, et seq., and California Vehicle Code § 21100(k) at the beginning and at the end of the street or highway or portion of street or highway subject to cruising controls. The ranking Los Angeles County Sheriff's Deputy within, or near, the area affected by traffic congestion, or his or her designee, shall be empowered to post any signs required to implement the provisions of Section 3245, et seq. § 3245.4 Exceptions. Section 3245, et seq. shall not apply to: (a) Any authorized emergency vehicle as defined in Section 165 of the California Vehicle Code; 2 01007/0001/49584.01 Section 2. (b) Any publicly -owned vehicle of any city, county, district, state or federal agency; (c) Any vehicle licensed for public transportation or vehicles which are normally used for business purposes and are engaged in such business use; or (d) Any person operating a motor vehicle or passenger therein whose residence or place of employment is either located upon property immediately contiguous to or is directly accessed from any street or highway subject to cruising controls if such person displays satisfactory proof of such residence or place of employment at the traffic control point. § 3245.5 Penalty for Cruising & Successive Violations. Any person convicted of cruising, as defined in Section 3245.2, shall be guilty of an infraction, punishable pursuant to the provisions of Section 1200 of the Carson Municipal Code. Each successive time, within a six -hour period, that a vehicle is driven past a traffic control point following receipt of the written notice described in Section 3245.2(a) shall constitute a separate violation of Section 3245, et seq., and no additional notice to the driver of such vehicle shall be required prior to the issuance of a subsequent citation, or arrest. If any provision(s) of this ordinance or the application thereof to any person or circumstances is held invalid or unconstitutional by any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any other provision or application, and to this end the provisions of this ordinance are declared to be severable. The City Council hereby declares that they would have adopted this ordinance and each section, subsection, sentence, clause, phrase, part or portion thereof, irrespective of the fact that any one or more sections, subsections, clauses, phrases, parts or portions thereof be declared invalid or unconstitutional. Section 3. The City Clerk shall certify to the adoption of this Ordinance, and shall cause the same to be posted and published in the manner required by law. Section 4. This ordinance shall be effective thirty (30) days following its adoption. 3 01007/0001/49584.01 PASSED, APPROVED and ADOPTED this 19th day of June, 2007. Mayor Jim Dear ATTEST: , (,— c City Clerk Helen . Kawag oe APPROVED AS TO FORM: w • loA"-------rney City STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF CARSON ) I, Helen S. Kawagoe, City Clerk of the City of Carson, California, do hereby certify that the whole number of members of the City Council of said City is five; that the foregoing ordinance, being Ordinance No. 07- 1382 passed first reading on June 5, 2007, was duly and regularly adopted by the City Council of said City at a regular meeting of said Council, held on the 19th day of June, 2007, and that the same was passed and adopted by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: COUNCIL MEMBERS: 01007/0001/49584.01 Mayor Dear, Santarina, Williams, Gipson, and Davis - Holmes None None None 4 rtb,,. City Clerk, City of Carson,'California