Chapter 10.56
VEHICULAR CRUISING
Sections:
10.56.020 Vehicular “cruising” defined.
10.56.030 Vehicular cruising prohibition/exceptions.
10.56.040 Vehicular cruising – Traffic control point.
10.56.050 Vehicular cruising – Written notice.
10.56.060 Vehicular cruising – Penalty.
10.56.070 Regulations of removal or impoundment of vehicles.
10.56.010 Purpose.
The purpose of this chapter is to regulate the activity of vehicular “cruising,” as defined by Section 10.56.020, in the interest of the public health, safety, and general welfare. The City Council finds that there has been an increase in cruising activity, which results in extreme traffic congestion, an increased level of crime, and depletion of police services to the community. Such consequences serve as the basis for establishing this chapter. (Ord. 1692 § 1, 4-26-07)
10.56.020 Vehicular “cruising” defined.
Vehicular cruising is defined as operating or occupying a vehicle, as defined by California Vehicle Code section 670, that is driven past a traffic control point, as defined in section 10.56.040, two (2) or more times within a four (4) hour period. (Ord. 1692 § 1, 4-26-07)
10.56.030 Vehicular cruising prohibition/exceptions.
A. No person shall operate or occupy a vehicle that is driven past a traffic control point, established pursuant to Section 10.56.040, after the vehicle operator or any passenger in the vehicle has received written notice pursuant to Section 10.56.050 that driving past the traffic control check point on subsequent occasions will constitute a violation of this section. Each successive trip past the traffic control point following the provision of written notice shall constitute a separate violation of this section. No additional written notice shall be required for each such separate violation.
B. This section shall not apply to the driver, 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.
4. Any vehicle owned, operated, or occupied by persons residing within the area designated pursuant to Section 10.56.040.
C. No person is in violation of this section unless:
1. That person has been given the written notice pursuant to Section 10.56.050 on a previous driving trip past the traffic control point and passes the traffic control point within the prohibited time frame again; 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 provisions of this Chapter. (Ord. 1692 § 1, 4-26-07)
10.56.040 Vehicular cruising – Traffic control point.
The ranking peace officer on duty within an area affected by traffic congestion, or his/her designee, shall have the authority to establish one or more traffic control points at or near the area of the traffic congestion for the purpose of regulating vehicular cruising. The provisions of this chapter shall not be enforced until the City Traffic Engineer, or the ranking peace officer on duty, or his/her designee shall designate an area to be subject to vehicular cruising controls by causing “No Cruising” signs to be placed at the beginning and end of the area affected by traffic congestion. Such signs shall clearly reference Section 10.56.030 of the Gardena Municipal Code and California Vehicle Code section 21100(k). (Ord. 1692 § 1, 4-26-07)
10.56.050 Vehicular cruising – Written notice.
Any person, who as the operator or passenger of a vehicle that is driven past a traffic control point established pursuant to Section 10.56.040 at least two (2) times within a four (4) hour period, may be given written notice that driving past the traffic control point on subsequent occasions will constitute a violation of Section 10.56.030 of the Gardena Municipal Code. (Ord. 1692 § 1, 4-26-07)
10.56.060 Vehicular cruising – Penalty.
Notwithstanding any other provision of the Gardena Municipal Code, a violation of the provisions of Section 10.56.030 herein shall constitute either an infraction or a misdemeanor, in the discretion of the citing officer or City Attorney. (Ord. 1692 § 1, 4-26-07)
10.56.070 Regulations of removal or impoundment of vehicles.
A. Pursuant to Section 22655.5 of the California Vehicle Code, a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove a vehicle from the highway or from public or private property within the city, if the peace officer has probable cause to believe that the vehicle was being operated or occupied for the purpose of cruising as prohibited by this chapter, and one or more of the following criteria are met:
1. There is no other properly licensed driver who, with the permission of the vehicle’s operator or registered owner, is capable of lawfully driving the vehicle to another location;
2. It is necessary to impound the vehicle to prevent immediate and continued unlawful operation of the vehicle;
3. Leaving the vehicle parked at its current location would pose a reasonable risk of theft or vandalism;
4. Leaving the vehicle parked at its current location would pose a hazard or impediment to other traffic, the public or is otherwise illegal;
5. The vehicle has been reported stolen or contains evidence that cannot readily be removed and which tends to show that a crime has been committed;
6. The arrestee or registered owner of the vehicle, whose identification is capable of verification, consents to removal of the vehicle; or
7. Pursuant to a warrant for search or seizure of the vehicle.
B. When a vehicle has been removed and stored pursuant to Section 10.56.070(A), the police chief or his/her designee, shall provide the vehicle’s registered and legal owners, as reflected on the most current California Department of Motor Vehicle’s registration records, or their agents, with the opportunity for a post-storage hearing in compliance with California Vehicle Code section 22852. (Ord. 1692 § 1, 4-26-07)