HomeMy Public PortalAboutOrd. 1591ORDINANCE NO. 1591
AN ORDINANCE OF THE CITY OF LYNWOOD REPEALING SUBSECTION 7 -14.4
OF THE LYNWOOD MUNICIPAL CODE IN ITS ENTIRETY AND ADOPTING A NEW
SUBSECTION 7 -14.4 FOR THE PURPOSE OF UPDATING THE CITY'S EXISTING
CRUISING PROHIBITIONS AND DESIGNATING ADDITIONAL STREETS ON WHICH
CRUISING IS PROHIBITED
WHEREAS, the City of Lynwood ( "City ") is a general law City located in the State of
California; and
WHEREAS, the City pursuant to Section 21 of the California Vehicle Code, may enact
and enforce ordinances relating to automobiles and traffic when authorized to do so
under state law; and
WHEREAS, Section 21100(k) of the Vehicle Code allows the City to prohibit "cruising"
as hereinafter defined, in a manner meeting certain procedural and notice requirements;
and
WHEREAS, Subsection 7 -14.4 of the Lynwood Municipal Code ( "Code ") currently
prohibits cruising only on a portion of Long Beach Boulevard, between Tweedy
Boulevard and Martin Luther King Jr. Boulevard; and
WHEREAS, the City finds that there has recently been an increase in cruising in other
areas of the City, which has'resulted in extreme traffic congestion, an increased level of
crime, and depletion of police and municipal services to the community; and
WHEREAS, cruising creates serious traffic problems; interferes with safe use of streets
and sidewalks and disturbs the tranquility of Lynwood residents and businesses by
creating situations that are detrimental to the health, safety and general welfare of the
residents of Lynwood; and
WHEREAS, the City Council of the City of Lynwood intends to create additional areas in
which cruising shall be prohibited and update the Code's prohibitions on cruising to
protect the health, safety and quality of life for the residents and business in the City.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD
HEREBY DOES ORDAIN AS FOLLOWS:
Section 1. Subsection 7 -14.4 of Chapter 7 of the Lynwood Municipal Code is hereby
repealed in its entirety.
Section 2. A new Subsection 7 -14.4 of Chapter 7 of the Lynwood Municipal Code is
hereby adopted to read as follows:
7 -14.4 Cruising Prohibited.
a. Definitions. For the purposes of this Subsection, the following definitions shall
apply unless the context clearly indicates or requires a different meaning:
1. "Cruising" means the repetitive driving of a motor vehicle on a street or
highway two (2) or more times within a four (4) hour period, past a traffic control
point in traffic which is congested at or near the traffic control point as determined
by the ranking peace officer on duty within the affected area, and after the
operator or passenger has first been given a written notice that further driving
past the control point during the four (4) hour period will be a violation of this
Subsection.
2. "Affected Area" means the following streets or highways in the City of
Lynwood: Long Beach Boulevard, Imperial Highway, Martin Luther King Jr.
Boulevard, Atlantic Avenue, State Street, Tweedy Boulevard and Abbott Road.
These areas are designated as subject to the cruising controls set forth in this
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the
foregoing Ordinance was passed and adopted by the City Council of the City of
Lynwood at a regular meeting held on the _ 6TH day of MARCH 2007.
AYES: COUNCILMEMBERS, JOHNSON, PEDROZA, SANTILLAN, VASQUEZ, AND BYRD
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Andrea L. Hooper, City Clerk
STATE OF CALIFORNIA )
) SS.
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and the Clerk of the City
Council of said City, do hereby certify that the above foregoing is a full, true and correct
copy of Ordinance No. 1591 on file in my office and that said Ordinance
was adopted on the date and by the vote therein stated.
Dated this 6TH day of MARCH 2007.
Andrea L. Hooper, City Clerk
ordinance. This list of streets and highways designated as the affected area may
hereinafter be modified from time to time by resolution of the City Council.
3. "Traffic Control Point" means a location established by the ranking peace
officer in an affected area and utilized as an observation point to monitor traffic
for potential violations of this Subsection.
b. General Prohibition.
1. It shall be unlawful for any person, as a driver or passenger of a motor vehicle,
to engage in cruising as defined in Subsection 7- 14.1.a.1 of this Code, on any street or
highway designated as an affected area which has been posted with signs as set forth
in Subsection 7- 14.4.c of this Code. No person shall operate or occupy a motor vehicle
past a traffic control point established at or near a place where traffic is congested
within four (4) hours after the vehicle operator has been given a written notice by a
peace officer that further driving past the traffic control point is prohibited. Each
successive trip past the traffic control point within the same four (4) hour period shall
constitute a separate violation and no additional written notice shall be required for such
separate violation.
2. This Subsection shall not apply to the drivers, operators or passengers of the
following vehicles:
(a) Any authorized emergency vehicle as defined in Section 165 of the
California Vehicle Code;
(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;
(d) Any person operating a motor vehicle or a passenger therein
whose residence or place of employment is either located upon
property immediately contiguous to or is directly accessed from any
affected area and such person displays satisfactory proof of such
residence or place of employment at the traffic control point.
3. No person is in violation of this Subsection unless:
(a) That person has been given the written notice specified in
Subsection 7- 14.4.d of this Code on a previous driving trip past the
traffic control point and then again passes the control point within
the prohibited time frame; and
(b) The beginning and end of the portion of the street subject to
cruising controls are clearly identified by signs that reference the
appropriate provisions of this Subsection and Vehicle Code Section
21100(k).
C. Establishment of Traffic Control Points; Posting of Signs. The ranking
peace officer on duty within the affected area shall have the authority to establish one or
more traffic control points at or near an area of traffic congestion for the purpose of
regulating cruising. The City traffic engineer or the ranking peace officer on duty, or his
designee, shall cause "No Cruising" signs to be placed at the beginning and end of the
affected area. These signs shall clearly reference Subsection 7- 14.4.b of the Lynwood
Municipal Code as well as Vehicle Code Section 21100(k). The signs shall be
prominently displayed and shall be visible to motorists regardless of the motorists'
direction.
d. Written notice. Any person who, as the operator of, or passenger in, any motor
vehicle driven past a traffic control point established pursuant to Subsection 7- 14.4.c
may be given written notice that further driving past the traffic control point within four
(4) hours of its initial passage will be a violation of Subsection 7- 14.4.b of this Code.
e. Penalty. Notwithstanding any other provision of this Code, it shall be a
misdemeanor for any person to violate Subsection 7- 14.4.b of this Code, and upon
conviction thereof, such person shall be punished by imprisonment in the county jail for
not less than five days nor more than six months, or by a fine of not less than one
hundred dollars nor more than one thousand dollars, or both such fine and
imprisonment in the discretion of the court.
Section 3. If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this ordinance or any part thereof is for any reason held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining portions of
this ordinance. The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase of this
ordinance irrespective of the fact that any one or more section, subsection, subdivision,
paragraph, sentence, clause or phrase be declared invalid or unconstitutional.
Section 4. The City Clerk of the City of Lynwood is hereby directed to certify to the
passage and adoption of this Ordinance and to cause it to be published or posted as
required by law.
First read at a regular meeting of the City Council held. on the 20th day of
February, 2007 and adopted and ordered published at a regular meeting of
said Council held on the 6th day of March, 2007.
L uis Byrd, a r
City of Lynwood
ATTEST:
Andrea L. Hooper
City Clerk
APPROVED AS TO FORM
J. Arnoldo Beltran
City Attorney