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C~V OF SAN BERNARDl'riIO - REQUt:ST FOR COUNCIL ActiON
From: Ralph H. Prince
Subject: Anti-Cruising Ordinance
Dept: Ci ty Attorney
D~~ December 12, 1986
Synopsis of Previous Council action:
6/2/86 proposed ordinance regulating cruising of vehicles in
congested areas continued to 6/16/86.
6/16/86 No action taken on ordinance. Police Chief directed to
continue with enforcement program for cruising.
12/11/86 Legislative Review Committee recommended adoption of
ordinance.
Recommen<.fed motion:
Adopt urgency ordinance.
C+J I//dej;:
Signature
Contact person: Chief Donald J. Burnett
Phone:
5034
Supporting data attached: Yes
Ward:
City-wide
FUNDING REQUIREMENTS:
Amount:
None
Source:
N//\
Finance:
Council Notes:
75-0262
Aaenda It"m Nn~t.
CI7Y OF SAN BERNARD~, )0 - REQUl..JT FOR COUNCiL AC.-AON
STAFF REPORT
The t'lt. Vernon crulslng activity continues to be a problem for the citizens
of the community, especially in the area around which the cruising activity
takes I ace. Recent 1 aw enforcement efforts to address the probl em were
effective only during the term of the concentrated law enforcement program.
Once the program ended, cruising activity increased to the point now where
citizens' complaints are again being received.
Traditional enforcement efforts with existing laws are effective only while
1 aw enforcement personnel remai n at the scene of the crui sing acti vity.
The recommended ord i nance is expected to provi de add i t i ona 1 methods that
may provide for a permanent resolve to the cruising problem.
I was asked to appear before the Legislative Review Committee during their
meeting on Thursday, December 11, 1986. Anti-cruising/loitering at 11i11
and t1t. Vernon was an item on the committee's agenda. I provided some
comments and presented a 10-minute video tape which includes cruising
activity during the last weekend of November. The Legislative Committee
agreed that the ordinance should receive the review of the mayor and
council and indicated the committee would place the item on the council
agenda.
Donald J. Burnett,
Chief of Police
cgr
Attachments
75-0264
i.): / / ')"v
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 TIMES; 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 2ll00(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,
owned or leased vehicle of any city, county, district, state, or
28 federal agency.
6/2/86
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:
i "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
12/86
-2-
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
7 adopted by the Mayor and Common Council of the City of San
I HEREBY CERTIFY that the foregoing ordinance was dUly
8 Bernardino at a
meeting thereof, held
9 on the
10 vote, to wit:
11
12
13
14
15
16
17
18 of
19
20
21
22
day of
, 1986, by the following
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing ordinance is hereby approved this
day
, 1986.
Mayor of the City of San Bernardino
Approved as to form:
v7 ---:-1 '//X,/) 0
23 ,ca~()/W-:i.'~-e
C~ ty A torney
24
25
26
27
28
6/2/86
-3-
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"c-CITY OF SAN BEftNARDINO'" - MEMORANDUi\4
To CAPTAIN D. ROBBINS
From LT. W.O. SMITH
L T. WAYNE SM ITH
Date
12-5-86
Subject
ANTI CRUISING ORDINANCE SURVEY RE-EVALUATION
Approved
Date
During the course of reviewing this departments efforts to eliminate the cruisers
on Mt. Vernon, it became necessary to re-evaluate the survey information supplied
to Chief Burnett by then Assistant Chief Bonanno, dated June 10, 1986. I do not
feel that the conclusions reached by that memo accurately reflect the impact of
the anti-cruising ordinances in the vast majority of those cities. I am submit-
ting this re-evaluation, so that this department can formulate the most effective
and cost-efficient methods of combating the cruising problem. The following are
the results of my contacts with those surveyed cities:
1. Phoenix, AZ: As the June 10th memo states, "Phoenix only utilizes this
law on a particular shopping center." This is correct. 'However, there
has been only three cruising cites written as Arizona State Cvdes are
much more commonly used. The cruising problem still exists.
2. Walnut Creek: Their department solved their problem by diverting
traffic. The sergeant I spoke with is unaware of the ordinance usage.
3. Livermore: Their council refused to enact the ordinance because they
felt it would limit their youth's self-expression. The problem evolved
into a full scale riot in 1984. The council reluctantly enacted the
ordinance due to this incident; but, due to the riot many youths did
not return to cruise Livermore. Therefore, the need for the usage of
the ordinance became obsolete before its implementation.
4. Fremont: After two unsuccessful attempts to use the ordinance, this
department was forced to use alternative means. The logistics for
implementation were too cumbersome and costly. By barricading the
cruising strip and diverting traffic into the nearby freeway system,
traffic congestion that was unmanageable three years ago, now necessi-
tates the closure of the strip five or six times a year.
5. Cupertino: Traffic enforcement here is handled by the Santa Clara
Sheriff's Oepartment. Although Cupertino has enacted the ordinance,
they anticipated that, due to similar ordinances in other nearby
cities, the cruisers might try and settle in Cupertino. To thwart this,
the ordinance was passed. Cupertino has never had a cruiser problem.
6. Los Gatos: My phone call was not returned.
7. Los Angeles Sheriff's Office: Their efforts dealt mainly with
Wilshire Blvd. cruisers. The ordinance was never implemented because
P.V.I. lanes curbed the problem. P.V.I. are set up when the cruisers
try to creep back in.
---,~_..__..__.
- - - -
CAPTAIN O. ROBBINS
Page 2
ANTI CRUISING ORDINANCE SURVEY RE-EVALUATION
8.
Pleasant Hills:
ment and posted
mentation.
The city heavily publicized the ordinance's enact-
signs. The problem dissipated without actual imple-
I contacted two additional cities;
9. Anaheim: Anaheim had two cruising problem areas. One existed on a dead
end, two lane street that accessed a mini-golf course/entertainment/
recreational park. The ordinance was enforced here with success. The
second area, on State College Blvd., a four lane heavy commercial area
with many side streets. They have a two-hour time frame to work within
their ordinance. They used a computer operator to enter vehicle infor-
mation on "computer for tracking." (They tracked the vehicle, not the
driver.) They created such a traffic tie up that it became unacceptable.
No citations have been written since its passage one year ago. They
have reverted back to selective enforcement and attempt to control side
streets. They still have a cruising problem.
Their cost/effect breakdown for a night for implementing ~he ordinance
was:
Average nightly cost Hourly cost Cost/cite Cost/Vehicle tracked
$3,039 $17/man $11. 50 ea. $2.52/veh.
The efforts generated the fo 11 owi ng results nightly:
Moving Cites Parking Cites Equipment Violations Warrant Arrests
39 39 184 27
Due to the cost factor and creating additional traffic problems, this
department has not used it since, and it does not anticipate using it
in the future. Selective enforcement costs run between $1000 _ $1500
per evening. Projected costs of implementing the ordinance calculated
by Lt. Richards are in the ballpark of Anaheim's costs of their
ordinance implementation.
10. Santa Rosa: Used the ordinance snce its passage one year ago to help
downtown businesses that were open during the evenings. However, the
"cure was worse than the disease," and it was not re-implemented.
They found it unenforceable due to driver-to-passenger changes and vehicle
occupants changing to parked vehicles to begin cruising, defeating the
time limitations. No citations have be issued. The most successful
means of enforcement has been diversion; however, the problem still exists.
From this survey and research, I feel the passage of the ordinance is the only
way we can legally and effectively deal with the cruising problem. The experience
of these cities indicates that the ordinance alone won't eliminate our problem.
However, the section of the ordinance that gives us the authority to divert traf-
fic is essential for any successful effort to eliminate the problem. We do not
have a legal right to divert traffic unless sanctioned in an ordinance or
_~_H"_'__'_
- -
CAPTAIN D. ROBBINS
Page 3 ,_
ANTI CRUISING ORDINANCE SURVEY RE-EVALUATION
resolution (CVC 21101.1), even though we have done it many times in the past
without appropriate authority.
The success of the motor detail during the summer months should have been followed
by periodic efforts by the affected area officers to reinforce that earlier effort.
Lt. Wayne Smith and I feel that to effectively eliminate the cruising problem
the following measures should be implemented:
1. Initially, the motors should be brought back for a two-week period,
working Friday, Saturday, Sunday nights.
2. Establishment of detour signs on 14th Street from Mt. Vernon to
Ma$~husetts similar to the same ones used on "E" Street.
3. Chaining off one driveway of the "Qwik Corner" lot.
4. Maintaining officers from each area at those two locations to ensure
that the chains and signs stay there.
5. Follow-up by "A" and "CO teams with assigned shift personnel on
Friday, Saturday, Sunday nights to monitor and reinforce the efforts
by the traffic motors.
6. Area "A" and "CD Commanders would be responsible to monitor the
possibility of the reemergence of the cruising problem.
We do not feel as though these efforts can be implemented until the ordinance,
as written, is passed.
~ ~.,o.~/ )
L . W. . SM ITH
// ..//
rf:~t-~/.c.;(- / :.'>-:
.
v
"
CITY OF SAN BEWNARDINo-~ - MEMORANDUM
Subject
"ANTI-CRUISING" ORDINANCES
W.O. 5MITH, LIEUT~NANT/
From LIEUTENANT WAYNE SMITH
DMe DECEMBER 5, 1986
To
D.A. ROBBINS, CAPTAIN
Approved
Date
PROBLEM:
The City of San Bernardino is, and has been for sometime experienc-
ing problems with individuals parking, congregating and cruising the
areas of Mt. Vernon Avenue from Mill Street North to 14th 5treet, as
well as on 14th Street between Mt. Vernon and Massachusettes. This
problem has been ongoing for many years and has resulted in many citizen
complaints being lodged with the Police Department, the City Council
and the Mayor's Office. The complaints are varied, but most of them
center around the problem of public disturbances created, excessive
noise and massive traffic congestion. Littering and vandalism are
other problems associated with the cruising. Several of the local
businesses situated in the problem area are complaining of the litter-
ing and vandalism that has been caused by the cruisers. Some of the
business owners have gone so far as to hire private security firms
to protect their property from the cruising problem.
RECOMMENDATIONS:
It is recommended that the attached ordinances drafted by the City
Attorney, be presented to the Mayor and Council for enactment. These
ordinances would be used as an effective tool in dealing with the cruis-
ing traffir. problem. In addition, it is suggested that the cruising
ordinance be enacted as a misdemeanor. Officers would then have the
option of citing and releasing the violator at the scene or making
a physical arrest and towing the violator's vehicle. Merely citing
and releasing would probably do little to alleviate the problem.
FINDINGS:
An analysis of the problem shows that Mt. Vernon cruisers are attracted
to the area because of its carnival atmosphere in which young people
can congregate, meet members of the opposite sex and show-off their
vehicles.
Approximately 50% of the receipicnts of citations issued on Friday,
Saturday and Sunday weekends on Mt. Vernon, for the months of May, June
and July, consisted of the following age breakdown: Approximately
50% of those receipiants were between the ages of 18 and 29. Almost
80% of those issued citations were within the 18 to J9 age bracket.
Approximately 60% of those receipi4nts were San Bernardino residents
with the majority of the remaining receipients from adjacent communities.
c,ry Oil rH.~01fa
(~.,<'TAIN D. A. ROBBINS
"ANTI-CRUISING"ORDINANCES
rAGE ..2-
12/5/86
At the present time the massive traffic congestion occurs at Mill and
Mt. Vernon at the Kwik Korner Market and parking lots of nearby businesses
on 14th Street between Mt. Vernon and "K" and on business lots on Mt.
Vernon between Mill and 14th Street. These massive traffic jams occur
on Friday, Saturday and Sunday nights, although the hours vary typically,
this occurs between 10 o'clock p.m. and 3 o'clock a.m.
What the above mentioned carnival atmosphere produces beyond the massive
traffic jams are, violations of drinking in public, urinating in public,
vandalizing city property, vandalism of business and residences and
vehicles in the affected areas; tremendous littering, loud noise- music
coming from vehicles and profane and obscene yelling. These results
of the cruising problem dissuade potential business patrons from utiliz-
ing late night businesses in the area. What we are now experiencing
also is an influx of narcotics trafficking to the youthful cruisers,
especially on 14th Street.
ALTERNATIVES:
At the direction of the Council, Selective Enforcement by the Motor
Units, were extended through the summer months. The total cost of
that effort has been calculated from 5-23 to 8-17-86, this includes
Friday, Saturday and Sunday nights for each of the weekends between
those time frames. The salary costs were $41,488.86. These salary
costs were minimal, since very little overtime was utilized during
this effort. Other costs, vehicle wear, gasoline and salary costs
of record keeping, investigative follow-ups, etc. were not calculated
here. Total projected income during that three month effort was
$26,470.00.
Once that 60 day extent ion of the traffic motors efforts were terminated,
the cruising problem on Mt. Vernon had virtually come to a standstill.
In the subsequent months that followed, it has now reverted to its
previous high level of activity. We are now faced with similar problems
and the same level of problems that we faced prior to the traffic enforce-
ment which began in May.
Another enforcement activity which was attempted was the diversion
of traffic from Mill Street onto arterial streets of adjacent communities
and the freeway. These activities were not successful in dealing with
the cruising problem because it could only be done with shift personnel,
which was sporadic and we could only utilize them when the calls for
service were low and the man powers available. The police do not have
the legal authority to divert traffic in these situations. The passage
of the "Anti-Cruising" ordinance would remedy that situation.
The last alternative examined was the "Anti-Cruising" ordinance. The
statutes that we have available to combat the cruising problem are
not adequate to successfully eliminate the problem. The passage of
the ordinance gives us the authority to implement procedures that will
eliminate the cruising problem.
~CAPTAIN D. A. ROBBINS
"ANTI-CRUISING" ORDINANCES
"AGE -3-
12/5/86
Salary cost analysis for a three day weekend which would include Friday,
Saturday and Sunday evenings for six hours per day. were calculated
at $14,623.02.
~-..~rwi)~
Lieutenant W. D. Smith
Lieutenant Wayne Smith
/vm
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Grape
Che.tnut
r..taur."t 0
insurance 0
1I0wer Ihop 0
Taco Tla [J
-3 hou..._
Fedco parking lot
Fedco
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A
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Apartment
complex
O Pioneer
Chicken
Quick __
.hape
MILL ST
DMlII st
Food Fai..
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Liquor
Huff
~ 6 hou...___
~ 11 houI..
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--.---
:,
RICHARD K. CHURCHWELL
~ovember 22, 1986
"f AOUJNG HIlLS DfUVI
. FUlJ.ERTON. CA 12131
ReC'D
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.,....-....-.,
~ayor Wilcox and Council
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Dear ~ayor ~ilcox and Councilmembers:
I am writing to you again to express concern over the continuing
problems of crusing and loiteri~g plaguing the Mt Vernon avenue
and Mill Street area. The problem is particularly acute on Friday,
Saturday and Sunday nights.
The Growing problems created by the large number of cruisers include
the following:
**
Impeding traffic flow on streets.
**
Loud noise from radios both in and outside autos.
**
Impeding entry and exit from parking lot at Old Mill Plaza
shopping center.
**
Loitering in the parking lots of Old Mill Plaza and Taco Tia.
**
leaving trash and broken bottles in parking lot.
** Drinking in public and intimidating customers by their presence
thereby reducing business.
After consultation with the police department over a year ago, we
installed" No loitering and no consumption of alcoholic beverages
on the premises" type signs on the parking lot. These are totally
ignored by the cruisers.
The police department gets little respect from the cruisers because
they are aware that the police can do little to keep them from
cruising or loitering. I have discussed the problems with Fedco
General Manager, Rick Adams and the Assistant Manager Joe Horton
and they are very concerned particularly during the holidays because
they are extending Fedcos hours to 10 AM to 10 PM.
Your help in solving this problem as quickly as possible will be
greatly appreciated.
Respectfully,
~tSc wel
Owner, Old Mill Plaza
~:ottheast corner Mill St
,nil Mt Vernon Avenue
,..01'1\'"
I.'~" \
11,. ._
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KO~ 2& 1980""
tMYOR'I'.-J
........
RICHARD K. CHURCHWELL
.11 ACIUJNQ HILLS DRIVE
FULLERTON, CA I2t35
November 6, 1986
Chief Dan Burnett
San Bernardino Police Dept.
466 W. 4th Street
San Bernardino, Ca 92401
Dear Chief Burnett
Thank you for taking time out of your busy schedule to meet
with David Chang, Wade Byars and me regarding the cruising'
and loitering problems at Mt Vernon and Mill streets.
We appreciate the support and cooperation your Department
has given in breaking the cycle of loitering and cruising
in this area. A special thanks to Lt. Alvarez for his at-
tention, concern and assistance to all the residents and
merchants.
As discussed during our meeting the problem is starting to
come back again. I would hope that by showing a police pre-
sence in the area more frequently on weekend nights we might
discourage these people from being attracted to the area.
Thank you again for your "ear". I look forward to working
with you in the future. Any time I can be of assistance or
support to you please do not hesitate to contact me.
Sincerely,
~
Richard
Owner, Old
o { (/f 0
S I :11 HV 0 I ADM 9861
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'" ':ITY OF SAN BEF'JARDINC
-
~
MEMORANDlll
To Mayor & Counci I
From
Donald J. Burnett,
Chief of Police
Subject Mt. Vernon C ru i ser Act i v i ty
Date
October 31, 1986
Approved
Date
Mr. Dick Churchwell, who owns a shopping center at Mill
and Mt. Vernon, contacted me for a meeting related to
the cruiser activity on Mt. Vernon. That meeting was
conducted at 8:30 a.m. on October 31, 1986. Mr. Churchwell,
Mr. David Chan, (owner of Pioneer Chicken) Mr. Wade
Byers, Lt. Alvarez, Lt. Smith, Capt. Robbins, and I
attended the meeting. Invitations to attend the meeting
were provided to Councilwoman Estrada, Councilman Frazier,
and Councilman Hernandez through Phil Arvizu.
Discussion centered on the intensive cruising activity
which occurs on weekend nights on Mt. Vernon. Mr. ,
Churchwell stated that business people are experiencing,
graffiti, drinking of alcoholic beverages in public
and by minors, urinating and defecating in public, litter,
and even a shooting was related to the cruising activity
last weekend. Relief from the problem is desired.
I informed those in attendance of our effort from May
to the middle of August, as reported to the Mayor and
Council on a memo dated October 9, 1986. I explained
that we could not work the cruising activity as intensively
as we did from May to August on a continuing basis.
Other community problems, especially neighborhood drug
activity problems needed to be attended to. I informed
those present that we would still do what we could with
those associated with the cruising activity with avail-
able resources assigned to the community service areas
affected.
All present were desirous of permanent resolve. Mr.
Chan, Mr. Chuchwell, and Mr. Byers left the meeting
indicating they would be contacting individual Council
persons and the Mayor to express their feelings about
the conditions associated with the cruiser activity.
New, effective approaches to this problem will have
to be co dered and implemented.
Do adJ. Burnett,
Chief of Police
cc: Ray Schweitzer
':ITY OF SAN BEP~ARDINO
-
MEMORANDl""JI
To Hayor Wil cox/Counc il Members
Subject Cruiser Activi;y - Mt. Vernon
Donald J. Burnett,
From Chief of Pol ice
Date October 9, 1986
Approved
Date
Upon my arrival as Police Chief with the City of San Bernardino, I found
one of the concerns of the community to be cruiser activity on Mt.
Vernon with residual impact on adjacent side streets. Meetings were
held with the residents and business people regarding the nature of the
complaints. They consisted of high drug activity, mass traffic
congestion on City streets as well as on the business parking lots,
publiC intoxication, urinating in public, mass littering of trash and
beer bottles, threats and frequent fights. Beginning on the weekend of
May 23, 1986, an intensive enforcement effort was launched directed at
the crui ser act i vity. Area offi cers, as well as motorcycl e officers
were used to provi de an enforcement profil e intended to di ssuade the
cruiser activity - hopefully to eliminate it.
The program ended August 17, 1986. We dedicated 2,664 officer hours 'and
262 reserve officer hours to the program. There were 3,169 citations
issued, 165 arrests made, and 130 cars towed. Targets of the C Area
cruiser enforcement effort were the Mill and Mt. Vernon Plaza, Taco Tia
at Mill and Mt. Vernon, the Second and Mt. Vernon Car Wash, Winchell's
Donuts at Esperanza and Mt. Vernon, the south end of the Fedco parking
lot at Mill and Mt. Vernon, and Lytle Creek Park -in the 300 block of
south K Street. Locations in Area A of concern were 14th Street between
Mt. Vernon and Massachusetts, businesses at Baseline and Mt. Vernon, and
the Bus i ness Center at Vi ne and rlt. Vernon.
In addition to targeting vehicular traffic, we also worked homes that
were accomodating party activity associated with the cruiser activity
and ABC licensed locations alleged to be selling to minors. We cited
fi ve ABC Ii censed 1 ocat ions for sales to mi nors, three of whi ch were
locations frequented by cruisers.
The Mayor and Council were interested in address locations of drivers
associated with cruiser activity, Out of the 3,169 citations issued, we
recorded the address 1 ocat ions of 986 of the reci pi ents, We found 63
percent of the drivers do have addresses in San Bernardino. A list of
the different areas represented and the frequency is attached. Also of
interest to the Mayor and Council was the ages of persons cited during
the crui ser enforcement act i vity, We captured that i nformat ion duri ng
our enforcement effort from August 8 through August 10, 1986. The
breakdown is as follows:
Mayor and Council
Page 2
October 9, 1986
AGES
NUMBER OF CITES
6
26
27
24
17
12
o
o
o
2
1 '
17 & below
18-20
21-24
25-29
30- 34
35-39
40-44
45-49
50-54
55-59
60 & above
When we finished our program, the streets were relatively clear and
conditions on typical cruiser nights were described as normal traffic
activity in the enforcement areas. I have received reports from my
field personnel revealing their observations of the cruiser activity on
October 3, 4, and 5. The cruiser activity has increased, specifically
in the areas of Mill and Mt. Vernon, Lytle Creek Park, 14th Street and
7th and Mt. Vernon. We have received several calls associated with
disruptive cruiser activity. We again found ourselves blocking off
areas with flares and monitoring the activity. 1\ citizen's complaint
has been recorded in the Council Office related to the cruiser activity.
I cannot say at this time what intensity the cruiser activity will reach
before it levels off.
The above information is intended to provide a summary of our
enforcement effort and an update of the crui ser act i vity as it exi sts
to:a/:.. 7h
~~
Chief 'Qf/police
cgr
Attachments
cc: Ray Schweitzer
Capt. Robbins
Cruiser Oetail
~iill & :it. \'ernon Area
Cities of Residences
9-29-86
CITIES OF ORIGIN OF CITE RECIPIENTS
Anaheim 1 Los Angeles 5
Apple Valley 1 ~lira Loma 1
Austin, TX 1 :ioreno Valley 1
Azuza 1 Huscoy 1
Banning 1 Ontario 5
Bloomington 18 Orange 1
Blue Jay 3 Palm Springs 2
Bridgeport 1 Paramount 1
Calimesa 1 Perris 2
Chula Vista 1 Phelan ]
Colton 80 Pomona 5
Compton I Rancho Cucamonga 1
Corona 6 Redlands 21
Costa Mesa 1 Rialto 93
Cucamonga 1 Rim Forest 1
Edgemont 2 Riverside 24
Escondito 2 Rubidoux 1
Fontana 33 St. Louis 1
George A.F.B. 1 San Bernardino 617
Glen Avon 1 San Gabriel 1
Grand Terrace 2 San Jacinto 2
hacienda Heights 2 San Pedro 1
Hesperia 1 Santa Ana 2
Highland 10 Trona 1
Indio 1 Victorville 5
Lake Arrowhead 1 West Covina 2
La Puente 1 Whittier 4
Loma Linda 4 Yucaipa 5
COUNCIL OFFICE MEMORANDUM
SUBJECT:
BLOCKING PARKING LOT
S.CTION I - CompIelnent ...d RepoIllng of FIICta
NAME OF COMPLAINANT
Mr. David Chan
DATE REPORTED
Oct. 7, 1986
TYPE OF PROBLEM:
ADDRESS PHONE
479 S. Mt. Vernon 884-6993
LOCATION OF COMPLAINT NEAREST CROSS STREET
S. Mt. Vernon
WARD
3
Request your department look into a complaint of non-response to
a call from Mr. Chan, of pioneer Chicken, regarding Low Riders
blocking his customers when entering the parking lot~ Mr. Chan
aIle es the erson who answered the hone at the Police Department
was rude. Please comment.
SECTION II - Routing Instruction
RETURN TO COUNCIL OFFICE
~
o NO
DATE
)0 -1-~
TO: Chief Donald J. Burnett, Police Dept.
APPROVED B
SECTION III - Depertment
ACTION TA)<eN:
Cn1ef Dispatcher D. Zaharopoulos contacted fIr. Cha regarding this complaint. That
I n I more frustrated with the crusino oroblem than with the
effectiveness of the Police. lie were unable to estab lS a ate or approx1ma e. me
II
BV WHOM
APPROVED BY
./
i ed that we would
indicate that the
respond
person
nriorities dictate and try to work with him.
./Ff2p l'
BACK.UP INFORMATION ATTACHED
o ves ]i( NO
o WILL BE FORWARDED ON
.
SECTION IV - Follow-up Actio
CONDUCTED BY
DATE
TYPE
REMARKS:
FINAL DISPOSITION 0 ITEM CLOSED
COpy SENT TO 0 CITY ADMINISTRATOR 0 MAYOR
o COUNCILMAN
o RE.SUBMITTED
o COMPLAINANT
~
-------~
- - -
~ITV OF SAN BEL\lARDINO - MEMORANDU
To Capt. D. Robbins
Subject Cruiser Detail, Mill & Me. Vernon Area
From F. Alvarez, Le.
Date 9-23-86
Approved
Date
The first weekend of the cruiser detail was the weekend of May 9, 10,& 11, 1986.
A total of nine reserve police officers were used the first weekend. There were
twenty-five citations, three arrests and two traffic accident reports taken.
The following weekend a smaller number of reserve police officers reported for
duty. They were used mostly for crowd dispersal.
The actual enforcement program was initiated on Memorial Day weekend, May 23
through 26, 1986. The first weekend produced 473 cites, 12 arrests, and 22 ve-
hicles towed. The detail continued through the third weekend in August 1986.
Weekend
5-23/26
5-30/6-1
6-6/8
6-13/15
6-20/22
6-27/29
7-4/6
7-11/13
7-18/20
7-25/27
8-1/3
8-8/10
8-15/17
TOTALS:
Hours*
Sworn Reserves
220.75
240.00
216
240
154
126
179.5
254
256.6
233
198
231
115.5
2,664.35
44.25
27
24
54
84
24
-0-
5.5
-0-
-0-
-0-
-0-
-0-
262.75
Salary Cost
Regular Overtime
3,275.88
3,718.38
3,059.31
3,718.38
2,674.07
1,772.07
2,446.56
3,594.27
3,766.76
3,436.76
2,831.40
3,303.30
1,651.65
39,248.79
Cites Arrests
270 473
135 504
113.55 268
-0- 193
54.87 138
54.87 141
494.70 230
236.25 321
202.50 274
168.75 170
220.00 268
128.70 115
160.88 74
2,240.07 3,169
Projected revenue for City Yards:
Projected revenue (other than City Yards):
TOTAL PROJECTED REVENUE
$ 2,880.00
29,976.00
$32,856.00
12
7
11
13
1
12
12
14
24
14
28
5
12
165
Veh. Towed
.
22
5
7
13
6
5
-0-
15
15
8
22
4
8
130
*The amount of hours worked by the officers involved varied because of
vacations, advance time off, and towards the end of the detail there were less
problems necessitating less personnel.
-
-
\~ITY OF SAN BEhf-JARDIN(}-..-- MEMORANDlndI
To DONALD J. BURNETT, CHIEF OF POLICE
Subject CRU ISER ENFORCEMENT
From P. BONANNO, ASST.
CH I EF OF POll CE
Date 26-JUN-86
Approved
Date
This problem is being addressed
Squad to night hours and weekends,
un its.
by the reassignment of the entire Motor
coupled with some Reserve Officer transport
Assignments addressing this problem are made every Friday, Saturday, and
Sunday night from 8:00 p.m. to 2:00 a.m. At this time, there is no significant
impact on pure patrol time taken from other areas of the City other than
negating the usual time spent by the ten (10) motorcycles in general traffic
enforcement.
Also, in the recent past, when this special enforcement effort required,
we assigned a number of officers on an overtime basis agail) assisted by
Reserves.
However, over the past three (3) years, we have on weekend cruisers utilized
on-duty officers in a special enforcement effort by comprising a team made
up from officers that work within the Mt. Vernon zone and officers from
other areas of the City.
When possible, the officers from the other areas were generally recruited
from two-man patrol vehicles thereby not shorting the affected zone of its
normal car coverage.
It has been our policy to "try not to neglect normal coverage of street forces
in any zone. However, there are occas ions di ctated by seri ous di sorder,
number of arrests, or other speci a I events, that patrol units from other
areas have to be used in restoring order or for coverage of calls in the
affected "A" Zone.
For the most part, our efforts at managing the overtime budget and manpower
allocations and deployment practices in combating this on-going problem
have been successful.
The contingency planning required and deployment of manpoer and cost attached
to this problem do bare impact on our overall ability to give more efforts
in directed patrol and tactical action planning in combating more serious
problems.
~,
P. Bonanno, Assistant
Chief of Police
PB/pg
c."y ON "HI=M~"
"==-
C I T Y
OF; A N B ERA R DIN 0
INT~OFFICE MEMO~DUM
8606-623
.
1986 JUN 24 AM Il) 57
TO: Don Burnett, Police Chief
FROM: Raymond D. Schweitzer, Acting city Administrator
SUBJECT: Cruising Enforcement
DATE:
June 20, 1986
(6746)
COPIES:
Mayor Wilcox
-------------------------------------------------------------
At the last City Council Meeting, Councilman Strickler
requested a report on what kind of patrol time is being taken
from other portions of the city and devoted to this particu-
lar problem. Please provide me w' a status report on your
findings within two weeks.
RDS/md
~
=----=---~-
" CITY OF SAN B~NARDINC1 -
,-'
MEMORANDUM
To Mayor and Common Counc il
Subject Anti-Cruising Ordinance
Donald J. Burnett,
From Chief of Pol ice
Date June 11, 1986
Approved
Date
As directed by the Mayor and Common Council at the regular Council
meeting on June 2, 1986, I have compiled additional information related
to the implementation of an Anti-Cruising Ordinance in the City of
San Bernardino. That information is contained in the documents attached.
It is for your review and comment as per the agenda item on this
SUbjeC~r the June 16, 1986 regular Council meeting.
/;.'
Dorta"
Chief of
cgr
Attachments
Supplemental Information
ITEM '46
elry Oil rH.~~
CITY OF SAN BE~NARDINO--
-
. ~
MEMORANDUM
To DONALD J. BURNETT, CHIEF OF POLICE
Subject ANTI CRUISING ORDINANCE
From P. BONANNO, ASST.
CHIEF OF POLICE
Date 10-Jun-86
Approved
Date
A complete survey of anti-cruising ordinances of the listed cities was
conducted and the following information was obtained.
CITIES SURVEYED
1. Phoenix, Ari zona
2. Walnut Creek, Calffornia
3. Livermore, California
4. Fremont, Californfa
5. Cupertino, California
6. Los Gatos, California
7. Los Angeles, California
8. Pleasant Hill, California
9. Pomona, California
All have anti-cruising ordinances on the books but not all of these cities
currently utilize the ordinance for various reasons.
Phoenix only utilizes the law on a particular shopping center.
All the cities that use the ordinance have had good experience in negating
the problems.
Pomona, Livermore, Fremont, Los Gatos and Pleasant Hill have all dfminished
their problems with minimum enforcement effort.
Citizen complaints have not been a problem primarfly due to advance
publicity before implementation. The business communfties of these cities
have backed the Police Oepartments.
Currently Los Gatos has a class action suit brought by cruisers in the
First District Court of Appeals.
Walnut Creek, Los Angeles, and Cupertino do not use the ordfnance, Their
enforcement experi ence is not that great as thei r part f cul ar needs have
diminished, or the geographics of the problems are more conducive to
alternate means (i.e., re-routing, traffic, etc.).
Attached is the proposed contingency plan for this City should the
ordinance pass, and the cost factors applicable to the plan.
The preliminary efforts would require the following men and material.
MANPOWER and MATERIALS
20 - 36"X36" signs for posting
=
$ 1,600
"Control Area Cruising Prohibited"
CVC 211DOk SBMC 10:24.210
Clry Oil rH.=-ov.
....:
DONALD J. BURNETT, CHIEF OF POLICE
PAGE 2
ANTI CRUISING OROINANCE
30 - Officers @ 6 hours for 3 days
=
$14,623
TOTAL COSTS ANTICIPATED
'"
$16,223
Enforcement could commence after a 3-week requirement in making and posting
of signs.
This period could be utilized in advance publicity and education
preparatory to enforcement perhaps on July 4, 1986.
~
P. BONANNO, ASSISTANT
CHIEF OF POLICE
PB/pg
'\
Attachment
- -
CITY OF SAN BEFCNARDINO - MEMORANDUM
To CAPTAIN D. ROBERTS
Subject ENFORCEMENT OF CRUISING ORDINANCE
From LT. L. RICHARDS
Date 10-Jun-86
Approved
Date
Thfs proposed plan is to assign officers to enforce the crulslng of
vehicles as designated by City Ordinance 10.24.210 and 10.24.220.
The traffic congestion usually occurs on weekend evenings and this
implementation will be for those days.
When the designated ranking officer on duty in the congested area
determines the traffic flow is such that little or not vehfcular flow is
occurring, he will enact the city ordinance.
The rank f ng officer sha 11 des i gnate the 3-hour time perf od' and erect
cruising control signs at the begining and end of the street displayfng the
appropri ate provi s ions of sect i on CVC 21100( k), warni n9 that crui s i n9
control is being enforced.
He will establish manned control points and officers stationed at the
control points will issue written warnings to those persons passing the
control points a second time in the same direction.
If the same person passes the control point a third time, the person will
be arrested and processed according to the department SOP for misdemeanor
arrests.
Upon completion of the 3-hour period or if traffic flow is restored, the
ranking officer wfll remove the control points and control signs.
CONTROL SIGNS
The control signs will be 36"X36" and state the appropriate provlslons of
Section CVC 21100(k). Twenty (20) signs wfll be required when placin9 them
at the beginning and end of each specified street.
The control sfgns on '1t. Vernon Avenue and 4th Street at Foothill Blvd. can
be erected by placfng permanent standard metal sign bands approximately ten
(10) feet high around City light poles. Upon placement of the control
signs, officers can be using a step ladder, attach the signs to the bands
with two (2) bolts and can remove them when not fn use.
On "K" Street, 14th Street and 4th Street at t1t. Vernon, metal sf 9n posts
will have to be placed in the ground and officers can use the same
procedure for attaching and removal.
(IfY OM fH.~~
..
CAPTAIN D. ROBERTS
PAGE 2
ENFORCEMENT OF CRUISING ORDINANCE
I recommend signs be placed at the following locations:
A. Mt. Vernon Avenue for north and south traffic.
1. First light pole north/south Mill Street, north/south Second
Street, north/sough 5th Street, north/south 9th Street.
B. "K" Street for north/south traffic.
1. Two (2) poles erected on "K" Street just north of 11ill Street
and two (2) poles south of Rialto Avenue.
C. 14th Street for east/west traffic.
1. Two (2) poles erected on 14th Street just west of Massachu-
settes and two (2) poles east of Mt, Vernon.
D. 4th Street for east/west traffic.
1. First light pole east of Foothi 11 Bl vd. for east/west
traffic.
2. Two (2) pol es erected on 4th Street just west of Mt. Vernon
Avenue,
CONTROL POINTS
Control points should be established at the following locatfons:
A. 600 block north Mt. Vernon Avenue and 200 block south Mt. Vernon.
B. 14th Street just east of lit. Vernon.
C. 4th Street adjacent to Nunez Park.
D. "K" Street adjacent to Lytle Creek Park.
OPERATIONAL SPAN
Initially, I recommend that the Traffic Control Points
2200 hours to 0100 hours, Friday, Saturday and Sunday.
wi 11 report at 2000 hou rs for Bri efi ng and ass i gnment.
be established at
Officers assigned
.":"
CAPTAIN D. ROBERTS
PAGE 3
ENFORCEllENT OF CRUISING OROINANCE
MANPOWER
The first weekend of the operation, an Area Commander should be present as
the ranking officer. The Team should consist of the following:
2
2
30
=
Sergeants
P-2' s
(i ncl udi ng Motor Sergeants)
=
=
P-l' s
(including ten (10) t1otor Offfcers)
ASSIGNMENT
"
*
Lieutenant - overall responsibility and supervision.
Patrol Sergeants - will supervise all Patrol Officers assigned.
Motor Sergeant - will supervise all Motor Officers.
*
*
Officers will be assigned as follows:
A. Mt. Vernon Avenue.
1. 200 block south Mt. Vernon Avenue Control Point. 3 officers.
2. 800 block north Mt. Vernon Avenue Control Pofnt " 3 officers.
3. Two (2) patrol units between 2nd Street and Mill Street = 2
offf cers,
4. Three (3) patrol units between 5th Street and 14th Street = 3
offfcers,
B. "K" Street.
1. Control point adjacent to Lytle Creek Park" 2 officers.
2. One (1) patrol unit on "K" Street" 1 officer.
C. 4th Street.
1. Control point adjacent to Nunez Park. 2 officers.
2. One (1) patrol unit on 4th Street" 1 offfcer.
CAPTAIN D. ROBERTS
PAGE 4
ENFORCEMENT OF CRUISING ORDINANCE
D. 14th Street.
1. Control point east of rlt. Vernon = 2 officers.
2. One (1) patrol unit on 14th Street = 1 officer,
Motor Sergeant will assign his officers to enforcew all trafffc laws.
Patrol units will patrol all business parking lots citing loiterers for PC
602(j) and City Ordinance No. 9.52.070
COST FACTOR
Cost factor is based on officer's overtime salary working six (6) hours for
three (3) days.
1
2
2
30
P-4
P-3' s
P-2's
P-l' s
=
$ 609.66
987 .48
875.88
12,150.00
$14,623.02
=
=
TOTAL
=
LIEUTENANT L. RICHARDS
"A" AREA COMMANDER
PB/pg
ell( OF SAN BERNARDr:O - REQUr: :IT FOR COUNCIL AC .10N
Fro",: DONALD J. BURNETT, CHIEF OF POLICE Subject: ANTI CRUISING ORDINANCE
Dept: POLICE
Date: 27-MAY-86
Synopsis of Previous Council action:
None
Recommen-jed motion:
Adopt an ordinance authorizing a peace officer to divert vehicular traffic due to
congested conditions.
/c~ ./J.
~~)~--;,-;~~.
"'
Contact person:
Assistant Chief P. Bonanno
Phone:
383-5148
Supporting 1ata attached: Staff Report
Ward:
FUNDING REQUIREMENTS:
Amount:
fa
Sou ree:
Finance:
Council Notes:
.o.nol'\l"I~ ItJ:l"" I\I^
CI't 'OF SAN BERNARD',JO - REQU~.JT FOR COUNCIL AUION
STAFF REPORT
California Vehicle Code Section 21101.2 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
Section 830) of Title 3 of Part 2 of the Penal Code, determines 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 ~1t. Vernon from the southernmost poi nt of
IIi II Street, north to the northernmost poi nt of 14th Street, "K" Str.eet from
Rialto Avenue to flill Street, 4th Street from r1t. Vernon Avenue to Foothill
Boul evard, and 14th St reet from fIt. Vernon Avenue to tlassachusetts 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
uncont ro 11 ab 1 e.
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
:) "'/ '
.. ~"'I
- ., 'I'
--
-
~ITY OF SAN BE~ARDINC-# - MEMORANDlrM
To Hon. Evlyn Wilcox
Mayor
Subject Ordinance Regulating Cruising
and Diversion of Traffic
From
Ralph H. Prince
City Attorney
May 23, 1986
Date
Approved
Date
700.2
Pursuant to your directive, attached is the ordinance
authorizing the regulation of cruising on congested streets
and permitting traffic diversion by peace officers.
,.- ~,I.~/-
I V/i,,7t-f --' ~~-c-~
RALPH H. PRINCE
City Attorney
RHP:lr
Attach
cc Legislative Review Committee
Capt. Paul Bonanno"/
C.7Y Oil 7HI~~'V.
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-DEPENDABILITY SINCE 1"91"1"
ED REll..'S APPLIANCE
360 SO. MT. VERNON 885-0739
SAN BERNARDINO. CA 92410
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