Chapter 12.17
CRUISING AND LOITERING IN NO-CRUISING ZONES
Sections:
ARTICLE I. REGULATION OF CRUISING
12.17.010 Cruising prohibited.
12.17.030 Congested traffic defined.
12.17.040 Green light cycle defined.
12.17.050 Traffic-control point defined.
12.17.060 Warning against cruising.
12.17.070 Violation of this article.
12.17.090 Penalty for violation.
ARTICLE II. LOITERING IN NO-CRUSING ZONES
12.17.100 Prohibition against loitering in no-cruising zones.
ARTICLE I. REGULATION OF CRUISING
12.17.010 Cruising prohibited.
No person shall engage in the activity known as “cruising,” as defined in this article, on the public streets, alleys or highways of the city in any area which has been posted as a no-cruising zone. (Ord. 1360 §1(part), 1988).
12.17.020 Cruising defined.
For purposes of this article, “cruising” means and is defined as the repetitive driving of any motor vehicle past a traffic-control point in traffic which is congested at or near the traffic-control point. (Ord. 1360 §1(part), 1988).
12.17.030 Congested traffic defined.
A. For the purposes of this article, “congested traffic” means traffic on any public street, alley or highway which is delayed to the point that:
1. Motor vehicles cannot move through a one-hundred yard approach corridor to an intersection controlled by a traffic light within two complete green light cycles where the delay in forward movement is due to the position of other motor vehicles; or
2. Motor vehicles cannot move through a one-hundred yard approach corridor to an intersection controlled by a traffic light within a five minute period of time where the delay in forward movement is due to the position of other motor vehicles; or
3. Motor vehicles cannot readily move forward on portions of public streets, alleys or highways between intersections because traffic speed has slowed to less than five miles per hour, and the delay in movement is due to the position of other motor vehicles.
B. The determination that a street, alley or highway is congested shall be made by the ranking peace officer on duty within the affected area. (Ord. 1360 §1(part), 1988).
12.17.040 Green light cycle defined.
For purposes of this article, a “green light cycle” means the period commencing upon the switching of a red light to a green light through to the return of a red light. (Ord. 1360 §1(part), 1988).
12.17.050 Traffic-control point defined.
For purposes of this article, “traffic-control point” means a location along a public street, alley or highway utilized by a peace officer on duty within the affected area as an observation point in order to monitor traffic conditions for potential violations of this article. (Ord. 1360 §1(part), 1988).
12.17.060 Warning against cruising.
A peace officer shall issue a written notice to any person operating or occupying any motor vehicle passing a traffic-control point that any subsequent passage past the traffic-control point within the next succeeding four hours will be a violation of this article. (Ord. 1360 §1(part), 1988).
12.17.070 Violation of this article.
Any person who, after having received a written notice as described in Section 12.17.060, subsequently drives past the same traffic control point within the next succeeding four hours shall be in violation of this article. (Ord. 1360 §1(part), 1988).
12.17.080 Posting of signs.
This article will be enforced in any area which has been posted as a no-cruising zone. No-cruising signs shall be posted at the beginning and end of any public street, alley or highway or portion thereof which is a no-cruising zone. The signs shall reference California Vehicle Code Section 121100(k) and this chapter. (Ord. 1360 §1(part), 1988).
12.17.090 Penalty for violation.
Violation of this article is an infraction. (Ord. 1769, Amended, 9/12/2006; Ord. 1360 §1(part), 1988).
ARTICLE II. LOITERING IN NO-CRUSING ZONES
12.17.100 Prohibition against loitering in no-cruising zones.
A. It is unlawful for any person to loiter on any property in the proximity of any posted no-cruising zone between the hours of eight p.m. of one day and six a.m. of the next succeeding day.
B. For the purposes of this section, “loitering” means remaining on any property under such circumstances that a reasonable person would conclude that the person who remains on the property:
1. Does not have a purpose connected with the usual and ordinary use to which such property is put; and
2. Does not have a bona fide intent to exercise a constitutional right; and
3. Is causing public inconvenience or annoyance.
C. For the purposes of this section, “property in the proximity of any posted no-cruising zone” means any property which is both visible from and located within three hundred feet of any portion of a street, alley or highway which is posted as a no-cruising zone pursuant to Section 12.17.090 of this chapter.
D. No person shall be held to be in violation of this section unless that person has, within the prior four hours, been warned, either verbally or in writing, that it is unlawful to loiter in the proximity of a posted no-cruising zone.
E. It shall be a separate offense if, upon citation for loitering pursuant to this section, a person fails to depart promptly from the proximity of the posted no-cruising zone.
F. Violation of this article is an infraction.
(Ord. 1769, Amended, 9/12/2006; Ord. 1360 §1(part), 1988).