HomeMy WebLinkAboutNS-2038 - An Emergency Ordinance of the City of Santa Ana Adding Sections 36-500 through 36-504 Prohibiting Cruising and Stating the Reasons for UrgencyEJC:k 10/89
ORDINANCE NO. NS- 2038
AN EMERGENCY ORDINANCE OF THE CITY
OF SANTA ANA ADDING SECTIONS 36-500
THROUGH 36-504 PROHIBITING CRUISING AND
STATING THE REASONS FOR URGENCY
WHEREAS, the area of South Bristol Street between McFadden
Avenue and Warner Avenue has become overly congested on weekend
evenings as a result of activity commonly known as "cruising;"
and
WHEREAS, cruising activity has led to traffic accidents and
other disturbances of the public peace, health and safety as
reported by the Police Department; and
WHEREAS, this ordinance is urgently required for the
preservation of public peace, health and safety and shall be
adopted as an emergency ordinance to be effective immediately
in accordance with Section 415 of the Charter of the City of
Santa Ana.
NOW, THEREFORE~ THE CITY COUNCIL OF THE CITY OF SANTA ANA
DOES ORDAIN AS FOLLOWS:
Section 1: That the Santa Ana Municipal Code is hereby
amended by adding a section, to be numbered 36-500, which said
section reads as follows:
Sec. 36-500. Cruising Defined.
"Cruising" shall mean the driving of a motor vehicle three
(3) or more times within a four (4) hour period, in a
particular direction, past a traffic control point
established at or near a place where traffic is congested.
Section 2: That the Santa Ana Municipal Code is hereby
amended by adding a section, to be numbered 36-501, which said
section reads as follows:
Sec. 36-501. Cruising - Signs.
The director or his or her delegate shall cause signs to be
placed at the beginning and end of the portion of any
street he or she determines is subject to cruising controls
which briefly and clearly state the appropriate provisions
of Section 36-504 and Vehicle Code Section 21100(k).
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Ordinance No. NS- 2038
Section 3: That the
amended by adding a section,
section reads as follows:
Santa Ana Municipal Code is hereby
to be numbered 36-502, which said
Sec. 36-502. Cruising - Traffic Control Point.
The ranking peace officer on duty within an area affected
by traffic congestion may establish one or more traffic
control points at or near the area of traffic congestion
and may post the signs required by Section 36-501.
Section 4: That the Santa Ana Municipal Code is hereby
amended by adding a section, to be numbered 36-503, which said
section reads as follows:
Sec. 36-503. Cruising - Written Notice.
Any person who, as the operator of, or passenger in, a
motor vehicle driven in a particular direction past a
traffic control point established pursuant to Section
36-502 at least two (2) times within a four (4) hour
period, may be given written notice that further driving
past the control point will be a violation of Section
36-504.
Section 5: That the Santa Ana Municipal Code is hereby
amended by adding a section, to be numbered 36-504, which said
section reads as follows:
Sec. 36-504. Cruising Prohibited.
No person, having driven a motor vehicle, or having been a
passenger in a motor vehicle driven past a traffic control
point established pursuant to Section 36-502 where signs
have been posted as required by Section 36-501, and having
received written notice as providedby Section 36-503,
shall drive past that control point within the time period
while cruising controls are in effect. Each successive
trip past the traffic control point shall constitute a
separate violation of this section, and no additional
written notice shall be required for such separate
violation.
Section 6: If any section, subsection, sentence,
clause, phrase or portion of this ordinance is for any reason
held to be invalid or unconstitutional by the decision of any
court of competent jurisdiction, such decision shall not affect
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Ordinance No. NS-2038
the validity of the remaining portions of this ordinance. The
City Council of the City of Santa Ana hereby declares that it
would have adopted this ordinance and each section, subsection,
sentence, clause phrase or portion thereof irrespective of the
fact that any one or more sections, subsections, sentences,
clauses, phrases, or portions be declared invalid or
unconstitutional.
Section 7: Neither the adoption of this ordinance nor
the repeal hereby of any ordinance shall in any manner affect
the prosecution for violation of ordinances, which violations
were committed prior to the effective date hereof, nor be
construed as affecting any of the provisions of such ordinance
relating to the collection of any such license or penalty or
the penal provision applicable to any violation thereof, nor to
affect the validity of any bond or cash deposit in lieu
thereof, required to be posted, filed or deposited pursuant to
any ordinance and all rights and obligations thereunder
appertaining shall continue in full force and effect.
ADOPTED this 6th day of November , 1989.
ATTEST:
~fice C. Guy ' ~
Clerk of the Council '
Daniel H. ~ung~ Mayor
APPROVED AS TO FORM:
COUNCILMEMBERS:
Acosta Aye
Griset Aye
May Aye
McGuigan Aye
Norton Aye
Pulido Aye
Young Aye
~er
City Attorney