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HomeMy Public PortalAboutOrd. 1510Ordinance No. 1510 AN ORDINANCE OF THE CITY OF LYNWOOD ADDING A NEW CHAPTER 7 -14.4 TO THE LYNWOOD MUNICIPAL CODE AND PROHIBITING "CRUISING" ON LONG BEACH BOULEVARD BETWEEN TWEEDY AND MARTIN LUTHER DING, JR. BOULEVARDS WHEREAS, the City of Lynwood ( "City ") is a general -law City located in the State of California; and WHEREAS, the courts have declared that the right to operate motor vehicles — a potentially dangerous undertaking — in public places is not a natural and unrestrained right, but rather a privilege subject to reasonable regulations enacted under the police power and in the interest of public safety; and WHEREAS, the power of the State Legislature to regulate travel over public roads is thus extensive, and may be exercised in any reasonable manner to conserve the safety of travelers and pedestrians; 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 21000(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, the City finds that there has recently been an increase in vehicular "cruising," as defined herein, which has resulted in extreme traffic congestion, an increased level of crime, and depletion of police services to the community; NOW THEREFORE, THE CITY DOES ORDAIN AS FOLLOWS: Section 1. A new Chapter 7 -14.4 is hereby added to the Lynwood Municipal Code, to read as follows: 7 -14.4 Vehicular Cruising. a. Definitions. 1) Cruising. As used in this chapter, vehicular "cruising" is defined as driving or occupying any motor vehicle on a street or highway three or more times within a four -hour period, past a traffic control point designated by the ranking peace officer on duty, established at or near a place where traffic is congested. 2) Affected area refers to the portion of Long Beach Boulevard between Tweedy Boulevard and Martin Luther King, Jr. Boulevard. This is the area designated as subject to cruising controls. b. General Prohibition 1. 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 hours after the vehicle operator has been given written notice by a peace officer that further driving past the traffic control point within this time frame is prohibited. Each successive trip past the traffic control point shall constitute a separate violation of this section, and no additional written notice shall be required for such separate violation. 2. This section shall not apply to the drivers, operators or passengers of the following vehicles: 1. Any authorized emergency vehicle as defined in Section 165 of the California Vehicle Code; 2. Any publicly owned vehicle of any city, county, district, state, or federal agency; 3. Any vehicle licensed for public transportation or vehicles which are normally used for business purposes and are engaged in such business use. 3. No person is in violation of this section unless: 1. That person has been given the written notice on a previous driving trip past the traffic control point and then again passes the control point within the prohibited time frame; and 2. The beginning and end of the portion of the street subject to vehicular cruising controls are clearly identified by signs that reference the appropriate provisions of this chapter. c. Traffic control point. 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 the area of traffic congestion for the purpose of regulating vehicular 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 Section 7- 20.24(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, a motor vehicle driven past a vehicle control point established pursuant to Section 7- 20.24(c) at least two times within a four -hour period, may be given written notice that further driving past the traffic control point will be a violation of Section 7- 20.24(b) of this code. e. Penalty. Notwithstanding any other provision of this code, it shall be a misdemeanor for any person to violate the provisions of Section 7- 20.24(b) herein, 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. PASSED, APPROVED and ADOPTED this 6th ATTEST: O�' A' U, / ANDREA L. HOOPER, CCITT CLERK day of November, 2001. PAUL H. RICHARDS, II, MAYOR APPROVED AS TO CONTENT: CITY MANAGER APPROVED AS TO FORM: P 4HN K. T VER, CITY ATTORNEY l STATE OF CALIFORNIA COUNTY OF LOS ANGELES ) SS. 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 6 day of November, 2001. AYES: COUNCILMEN BYRD, REA, REYES, SANCHEZ, RICHARDS NOES: NONE ABSENT: NONE _ 1 City Clerk, City of Lynwood STATE OF CALIFORNIA ) )SS. COUNTY OF LOS ANGELES ) I, the undersigned City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No. 1510 on file in my office and that said ordinance was adopted on the date and by the vote therein stated. Dated this 5 day of November, 2001. t City Clerk