Loading...
4688ORDINANCE NO. 4688 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING NEW SECTION 14.20.080 TO CHAPTER 14.20 OF TITLE 14 OF THE ANAHEIM MUNICIPAL CODE RELATING TO THE PROHIBITION OF CRUISING AND DECLARING THE URGENCY THEREOF AND THAT THIS ORDINANCE SHALL TAKE IMMEDIATE EFFECT. THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES ORDAIN AS FOLLOWS: SECTION 1. That new Section 14.20.080 prohibiting cruising on certain designated streets be, and the same is hereby, added to Chapter 14.20 of Title 14 of the Anaheim Municipal Code, to read as follows: "14.20.080 CRUISING PROHIBITED .010 It is unlawful for anyone to participate in cruising upon any of the following designated highways in the City of Anaheim: 1. State College Boulevard between Lincoln Avenue and Wagner Street. 2. Santa Ana Street between East Street and State College Boulevard. 3. Shepard Street between La Palma Avenue and Carpenter Avenue. 4. Carpenter Avenue from Shepard Street east to the end of Carpenter Avenue. 5. Any other highway as designated by the Chief of Police or person assigned by him to designate such locations. A violation of this section is hereby declared to be an infraction. .020 The term "cruising" as used in this section means driving a motor vehicle upon any portion of a highway past a designated traffic control point a third time within any two-hour period, after having driven past said designated traffic control point twice within the same two-hour period and having been given written notice regarding the prohibition against cruising after passing the control point on at least one previous occasion within said two-hour period. Said designated traffic control points may be established at one or more locations upon any highway designated in Subsection .010 above where the .ranking peace officer on duty in the area determines, in his or her sole discretion, that conditions of traffic congestion in the area so warrant. Any person driving a motor vehicle past a designated traffic control point more than three times within any two-hour period shall be guilty of a separate infraction for each occasion said vehicle is driven past such traffic control point in excess of the third time within such two-hour period. .030 The word "highway" as used in this section shall mean the same as defined in Section 360 of the California Vehicle Code. .040 The term "motor vehicle" as used in this section shall mean the same as defined in Section 415 of the California Vehicle Code. .050 The prohibition against cruising as used in this section does not apply to: a. An employee of the City of Anaheim or any other local, state or federal governmental agency when driving a motor vehicle while engaged in the performance of his or her official duties. b. Any person driving an ambulance, taxicab or other business vehicle when being driven within the course and scope of normal business activities. C. Any person whose residence or place of employment is either located upon property immediately contiguous to, or is directly provided with access from, any highway designated in Subsection .010 above, or any person who has no other alternate means of motor vehicular access to his or her residence or place of employment other than by the use of any such highway, when driving a motor vehicle for purpose of ingress to or egress from such person's residence or place of employment. SECTION 2. DECLARATION OF URGENCY The City Council of the City of Anaheim hereby finds and determines that it is necessary for this ordinance to take effect immediately as an emergency measure to protect the public peace, health or safety for the following reasons: -2- a. There has recently been an increase in the number of persons engaged in, and the number of areas within the City of Anaheim affected by, cruising as such term is defined in this ordinance; and b. Said cruising causes severe traffic congestion upon certain highways within the City of Anaheim due to the number of motor vehicles upon such highways at such locations; and C. Said congestion caused by cruising makes it difficult for emergency vehicles and persons residing upon or having places of employment upon said highways; and d. The inability for emergency vehicles to have free and prompt access upon and across said highways during periods of cruising upon said highways constitutes a significant danger to the public peace, health or safety; and e. The inability of residents and employees to obtain prompt access to places of residence or employment is detrimental to property values, the business community and the public peace, health or safety; and f. The adoption of this ordinance as an emergency measure to take effect immediately is necessary for the preservation of the public peace, health or safety pursuant to Section 511 of the Charter of the City of Anaheim for the reasons hereinabove set forth. SECTION 3. SEVERABILITY The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid. SECTION 4. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a -3- newspaper of general circulation, published and circulated in said City, and immediately from and after its adoption, it shall take effect and be in full force. THE FOREGOING ORDINANCE is approved and adopted by the City Council of the City of Anaheim this 21st day of January, 1986 .00 ��/V000 MAYOR OF THE CITY OF AHEIM ATTEST: CITY CLERK OF THE CITY OF ANAHEIM ROF:kh 4066U ffm STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing Ordinance No. 4688 was introduced and adopted at a regular meeting of the City Council of the City of Anaheim held on the 21st day of January, 1986, by the following vote of the members thereof: AYES: COUNCIL MEMBERS: Kaywood, Overholt, Bay and Roth NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Pickler AND I FURTHER CERTIFY that the Mayor of the City of Anaheim signed said Ordinance No. 4688 on the 21st day of January, 1986. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Anaheim this 21st day of January, 1986. ts2c-dI � LEONORA N. SOHL, CITY CLERK (SEAL) I, LEONORA N. SOHL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 4688 and was published once in the Anaheim Bulletin on the 31st day of January, 1986. LEONORA N. SOHL, CITY CLERK .T'