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CI~ OF SAN BERNARDCAo - REQUcaT FOR COUNCIL AOJ.ON
From: DDNALD J. BURNETT, CHIEF OF POLICE
Subject: ANTI CRUISING ORDINANCE
Dept: POLICE
Date: 27 -MA Y -86
Synopsis of Previous Council action:
None
Recommen<:led motion:
Adopt an ordinance authorizing a peace officer to divert vehicular traffic due to
congested conditions.
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Contact person: _____Ass i stant Chi ef P. Bonanno
Supporting data attached: _ Staff R_ep_o~t
Phone:
383-5148
Ward:
FUNDING REQUIREMENTS:
Amount:
lil
Sou rce:
Finance:
Council Notes:
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cQy OF SAN BERNARCttO - REQIOST FOR COUNCIL AOrION
STAFF REPORT
California Vehicle Code Section 2110].2 was enacted by the California Legisla-
ture allowing cities to adopt ordinances (municipal codes) authorizing peace
officers to divert traffic under specific conditions. This section reads as
follows:
Local authorities may adopt rules and regulations by ordinance or resolution to
provide that if a peace officer, as defined in Chapter 4.5 (Commencing with
Sect i on 830) of Ti t 1 e 3 of Part 2 of the Penal Code, determi nes that the
traffic load on a particular street or highway, or a portion thereof, is such
that little or no vehicular traffic flow is occurring and, additionally, if the
peace officer finds that a significant number of vehicles are not promptly
moving when an opportunity arises to do so, then the peace officer may divert
vehicles, excepting public safety or emergency vehicles, from that street or
highway, or portion thereof, subject to traffic congestion until such time as
reasonably flowing traffic is restored.
It is recommended that the area of f1t. Vernon from the southernmost poi nt of
f1i 11 Street, north to the northernmost poi nt of 14th Street, "K" Street from
Ri alto Avenue to f1i 11 Street, 4th Street from r1t. Vernon Avenue to Foothill
Boulevard, and 14th Street from tIt. Vernon Avenue to r1assachusetts Avenue be
designated "no cruising" areas.
In moving the cruisers from location to location, it was found that the depart-
ment was using a substantial amount of man power and man-hours. In an attempt
to reduce the number of regular officers used, Reserve Officers were implement-
ed in the past, however, we still had the cost of supplies such as flares for
barricading of streets, as well as the wooden barricades.
All of the foregoing attempts have failed to curb the problem; in fact, it is
on the increase. With the warm .weather months approaching the problem may be
uncontrollahle.
Regulating Cruising.
The ordinance or resolution adopted pursuant to this subsection shall regulate
cruising which shall be defined as the repetitive driving of a motor vehicle
past a traffic control point in traffic which 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 given an adequate written notice that further driving past
the control person is in violation of an ordinance or resolution adopted
pursuant to this subsection unless, 1) that person has been given the written
notice for a previous driving trip past the control point and then again passes
the control point in the same time interval and, 2) the beginning and end of
the portion identified by signs that briefly and clearly state the appropriate
proviSions of the subsection and the local ordinance or resolution on cruising.
75.0264
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1
ORDINANCE NO.
2 ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING SECTIONS
10.24.210 AND 10.24.220 TO CHAPTER 10.24 OF THE SAN BERNARDINO
3 MUNICIPAL CODE TO PERMIT POLICE OFFICERS TO REGULATE THE CRUISING
OF VEHICLES IN CONGESTED AREAS SUBJECT TO APPROPRIATE NOTICES AND
4 SIGNS AND TO DIVERT VEHICLES WHEN THERE IS LITTLE TRAFFIC FLOW AND
VEHICLES ARE NOT MOVING PROMPTLY AT OPPORTUNE TIMES1 AND DECLARING
5 THE URGENCY THEREOF;
6
THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO
i ORDAIN AS FOLLOWS:
8 SECTION 1. Section 10.24.210 is added to Chapter 10.24 of
9 the San Bernardino Municipal Code to read:
10 "10.24.210 Cruising regulations.
11 A. No person shall drive a motor vehicle on a street or
12 highway past a traffic control point in traffic which is congested
13 at or near the traffic control point, as determined by the ranking
14 peace officer on duty within the affected area, three or more
15 times in one direction within a three hour period and after a
16 peace officer has given written notice to said person passing the
17 control point the second time that passing the control point a
18 third time shall constitute a misdemeanor in violation of this
19 section. The beginning and end of the portion of the street or
20 highway subject to cruising controls shall be clearly identified
21 by signs that state the appropriate provisions of Section 21100(k)
22 of the California Vehicle Code and this section.
23 B. This section shall not apply to the vehicle operators of
24 the following vehicles: emergency vehicles as defined in section
25 165 of the California Vehicle Code, taxicabs for hire, buses,
26 vehicles being driven for business purposes, and any publicly
27 owned or leased vehicle of any city, county, district, state, or
28 federal agency.
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1 C. Any person, firm or corporation violating any provision
2 of this section is guilty of a misdemeanor which upon conviction
3 thereof is punishable in accordance with the provisions of Section
4 1.12.010 of this Code.'
5 SECTION 2. Section 10.24.220 is added to Chapter 10.24 of
6 the San Bernardino Municipal Code to read:
7 "10.24.220 Traffic diversion.
8 A. If a peace officer determines pursuant to California
9 Vehicle Code Section 21101.2 and this section that the traffic
10 load on a particular street or highway in the City, or a portion
11 thereof, is such that little or no vehicular flow is occurring
12 and, additionally, if the peace officer finds that a significant
13 number of vehicles are not promptly moving when an opportunity
14 arises to do so, then the peace officer may divert vehicles,
15 excepting public safety or emergency vehicles from that street or
16 highway, or a portion thereof, subject to traffic congestion until
17 such time as reasonably flowing traffic is restored.
18 B. Such diversion of vehicles by a uniformed peace officer
19 shall constitute the performance of duties under Section 2800 of
20 the California Vehicle Code which requires compliance with the
21 lawful order, signal or direction of the peace officer.'
22 SECTION 3. Urgency. This ordinance is adopted as an
23 emergency ordinance and shall take effect and become operative
24 immediately. The facts constituting such emergency are that
25 'cruising" in congested areas, particularly on Mt. Vernon Avenue
26 from Mill Street to 14th Street, as well as 14th Street between
27 Mt. Vernon and Massachusetts, 4th Street between Mt. Vernon Avenue
28 and Foothill Boulevard, and the area of Lytle Creek Park, has
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1 increased dramatically in recent months and involves loud noise,
2 profanity, littering, vandalism, consuming alcoholic beverages and
3 massive traffic congestion and street jams. Numerous citizen
4 complaints concerning the cruisers have been registered with the
5 Police Department and the Council Member in the affected area.
6
I HEREBY CERTIFY that the foregoing ordinance was duly
7 adopted by the Mayor and Common Council of the City of San
8 Bernardino at a
meeting thereof, held
9 on the
10 vote, to wit:
, 1986, by the following
day 0 f
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15
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Council Members
AYES:
NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this
day
18 of
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20
21
, 1986.
Mayor of the City of San Bernardino
Approved as to form:
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23 '<:d~J /W--:-i",~/
City A torney
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