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HomeMy WebLinkAbout731 - Ordinances ORDINANCE NO. 731 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ADOPTING REGULATIONS APPLICABLE TO VEHICULAR CRUISING, AND AMENDING THE RANCHO CUCAMONGA MUNICIPAL CODE. The City Council of the City of Rancho Cucamonga hereby ordains as follows: SECTION 1: Title 10 of the Rancho Cucamonga Municipal Code is hereby amended by the addition of a new Chapter 10.72 to read as follows: "Chapter 10.72 "CRUISING PROHIBITED Sections: 10.72.010 Cruising prohibited. 10.72.020 Definitions. 10.72.030 Establishment of traffic control points. 10.72.040 Issuance of warning notices. 10.72.050 Exceptions. 10.72.010. Cruising prohibited. No person shall engage in, or permit any vehicle registered to such person to engage in, cruising in any cruising control area. A violation of this Chapter is an infraction and shall be punishable as specified in Chapter 1.12 of this Code, or any successor provision thereto. 10.72,020. Definitions, For purposes of this Chapter, the following definitions shall apply: A. 'Cruising' shall mean the repetitive driving of a motor vehicle past a traffic control point in traffic that is congested at or near the traffic control point, as determined by the ranking peace officer on duty within the affected area, within a specified time period and after the vehicle operator has been issued a warning notice that further driving past the control point will be a violation of this Chapter. A vehicle shall be deemed to be in violation of this Chapter each time it passes a traffic control point prior to the designated permissible return time. Each such violation shall constitute a separate violation and no additional warning notice shall be required before issuance of subsequent citations may occur. B. 'Cruising control area' shall mean an area subject to cruising controls, clearly identified by signs at the beginning and end of the area that briefly and clearly state the appropriate provisions of California Vehicle Code § 21100(k) and the provisions of this Chapter. Ordinance No. 731 Page 2 of :3 C. 'Traffic control point' shall mean a location within a cruising control area that is designated by the ranking peace officer on duty within the area, as a reference point for purposes of determining if a vehicle has engaged in cruising. 10.72.030. Establishment of traffic control points. The ranking peace officer on duty within any cruising control area may, upon determining that such area is adversely impacted by traffic congestion, establish and maintain one or more traffic control points for such area. 10.72.040. Issuance of warning notices. Any peace officer may issue a written warning notice to a driver and/or to each occupant legally capable of driving a motor vehicle, who is identified by such officer as having passed a particular traffic control point two or more times within a four-hour period, or such other period as determined to be appropriate by the ranking peace officer on duty within a cruising control area. The warning notice shall identify the street on which one or more traffic control points are located and shall generally state that further driving past the same traffic control point prior to the time specified therein shall constitute a violation of Chapter 10.72 of this Code and shall be punishable by a fine. 10.72.050. Exceptions. This section shall not apply to the following: A. Authorized emergency vehicles as defined in California Vehicle Code § 165. B. Vehicles owned by a public entity or public utility. C. Vehicles licensed for public transportation. D. Commercial vehicles while being driven for business purposes. E. Vehicles used to drop off or pick up any person whose residence or place of employment is located within a cruising control area provided, however, that such person must be able to present satisfactory proof of residence or employment to a peace officer at a traffic control point within such cruising control area." SECTION 2: Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect. SECTION 3: The City Clerk shall certify to the adoption of this Ordinance. Ordinance No. 731 Page 3 of 3 PASSED, APPROVED, AND ADOPTED this 18th day of August 2004. AYES: Alexander, Gutierrez, Howdyshell, Kurth, Williams NOES: None ABSENT: None ABSTAINED: None William J. Al~f~er, Mayor/ / ATTEST: Ce~ra J. Ad m~, CMC, City Clerk I, DEBRA J. ADAMS, CITY CLERK of the City of Rancho Cucamonga, California, do hereby cedify that the foregoing Ordinance was introduced at a Regular Meeting of the Council of the City of Rancho Cucamonga held on the 4th day of August 2004, and was passed at a Regular Meeting of the City Council of the City of Rancho Cucamonga held on the 18th day August of 2004. Executed this 19th day of August 2004, at Rancho Cucamonga, California. Debra J. A(Jam~, CMC, City Clerk