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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 Subsection 7 -14.4 of Chapter 7 of the Lynwood Municipal Code is hereby repealed in its entirety.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