HomeMy WebLinkAboutItem 6.2 Ordinance Prohibity Cruising (2) CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 14, 1986
SUBJECT Ordinanace Prohibiting Cruising
EXHIBITS' ATTACHED Proposed Ordinance
Cruise Flier
RECOMMENDATIO 1 . Open public hearing
2 . Receive staff report and public
testimony
3. Close public hearing
4 . Deliberate, waive reading and adopt
emergency ordinance
FINANCIAL STATEMENT California Vehicle Code requires the
posting of NO CRUISING SIGNS at the
beginning and the end of the portion of
street subject to control. Estimated
cost of posting appropriate signs is
$700. 00
DESCRIPTION Saturday, April 5, 1986 , the city of
Dublin experienced its third organized cruise within the last five
months. Police estimate approximately 3,500 vehicles and 10,000
persons attended. The street cruised was Dublin Boulevard between
San Ramon Road and Clark Avenue. The parking lots of Wards,
Mervyn' s, Ross and other commerical concerns were used as
impromptu meeting and partying places by cruisers and onlookers.
During the height of the cruise all traffic was at a near
standstill from Donlon to Clark Avenue on Dublin Boulevard. All
intersections between these two points were blocked to traffic
attempting to cross Dublin Boulevard. At 12:40 a.m. , police began
to divert cruisers from Dublin Boulevard by blocking U-turns at
San Ramon Road and at Village Parkway, thereby forcing most
cruisers to proceed south on San Ramon Road to the freeway and to
proceed north on Village Parkway. This police action broke the
gridlock of the cruise route and dispersed the cruisers
sufficiently so that the event did not regain its momentum and
dwindled out about 1 : 30 a.m Sunday morning.
Events of criminality associated with the cruise are as follows:
1 . Pedestrian ran over by a vehicle.
2 . Rear window of a police vehicle broken out.
3 . Lit flare placed under police vehicle.
4 . Nails and tacks scattered in intersection.
5 . Emblems taken from vehicles belonging to Burns Motors.
6 . Vehicle stolen from Honda Motors .
7. City landscaping damaged.
8. Walls of retail concerns urinated upon.
9. Traffic and vehicle violations; 104 citations issued.
BACKGROUND
With the demise of cruising in the city of Livermore, Dublin
experienced an increase in the number of cruisers that utilized
city streets on the weekends. During this time several loosely
organized cruising clubs sprang up. An unknown club made up a
flier advertising a Dublin cruise on November 9 , 1985.
Approximately 700 cruisers responded in a heavy rain storm.
Another unknown cruise club circulated fliers for a January 18,
1986 cruise. Approximately 2,000 cruisers responded.
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AGENDA STATEMENT - Ordinance Prohibiting Cruising
April 14, 1986
Page Two
The April 5 , 1986, cruise was sponsored by a local cruising club.
500 fliers were distributed from Castro Valley to Stockton. 3 ,500
cruisers responded.
Cost of the three cruises are as follows:
11 -9-85 $1 , 019.70 police overtime
1 -18-86 $1 , 217. 63 police overtime
4-5-86 $1 ,722.62 police overtime
4-5-86 $ 695. 04 public works cost
Total Cost of Cruises to Date: $4, 654 . 99
The April 5 , 1986, cruise fliers invited cruisers to not only
participate on April 5 but to cruise Dublin every Friday and
Saturday night. These fliers received wide distribution in the
greater bay area and in the central valley area. A check of
citations written during the three above cruises indicate that
cruisers do respond from outside of the city of Dublin. Of the
400 plus citations issued to cruisers only 10% were to persons
with Dublin addresses. Others cited were from Sacramento,
Stockton, Modesto, Santa Cruz, Union City, Fremont, Hayward, San
Leandro, Castro Valley, Concord, Walnut Creek,. as well as the
local Tri-Valley communities.
It is apparent that cruising is quickly becoming the thing to do
in Dublin, and is appealing to an ever growing geographical area
and will continue to gain in number of participants and number of
events. Experience with cruising events indicate that as the
cruises grow in size and frequency, more unlawful acts are
associated with them.
Dublin Police Services is unable to provide adequate police
protection to the citizens of Dublin when organized cruising
events are taking place, nor is Dublin Police Service able to
properly police the cruise event itself.
The City Attorney has prepared an ordinance to prohibit cruising
by allowing police to cite cruisers after they pass a control
point twice within two hours time in a congested traffic
situation. The ordinance has a fine of $50 : 00 for the first
violation and then escalates to $250. 00 for three or more
violations within one year.
The ordinance is flexible enough to allow citizens full usage of
city streets including what could be considered cruising until
such time as traffic becomes congested and a police control point
is established.
Additionally, the City Attorney has advised that not passing an
ordinance may cause the city to be liable for damages in any
future cruise as there is existing evidence to indicate that
organized cruising hinders police response to unlawful acts or
requests for emergency services within the community.
ORDINANCE NO. - 86
AN EMERGENCY ORDINANCE OF THE CITY OF DUBLIN
- REGULATING CRUISING
The City Council of the City of-Dublin does ordain- as follows:
CHAPTER 1 .
Section 1 . This Chapter is enacted pursuant to § 21100(k )
of the California Vehicle Code.
Section 2. DEFINITIONS . The following definitions apply to
this Chapter.
( a) CENTRAL TRAFFIC AREA. "Central Traffic Area" means the
area bordered by and including Amador Valley Boulevard
from Village Parkway to San Ramon Road, San Ramon Road
from Amador Valley Boulevard to Dublin Boulevard, Dublin
Boulevard from San Ramon Road to Village Parkway
and Village Parkway from Dublin Boulevard to Amador
Valley Boulevard. It also includes the continuation of
Village Parkway northerly from the intersection of
Village Parkway and Amador Valley Boulevard to Kimball
Street. This area shall be clearly identified by signs
as required by Vehicle Code § 21100 (k) that briefly and
clearly state the appropriate provisions of the Vehicle
Code and this Chapter.
(b) CRUISING. "Cruising" is driving a motor vehicle on a
hig� hway past a traffic control point, designated by a
peace officer, under conditions in which traffic is
congested at or near the control point, two or more
times in one direction within a two hour period after
having driven past said control point one time within
the same period and having been given adequate written
notice after the first passing that passing the control
point a second time under the same conditions stated
herein shall constitute a violation of this section.
( c) HIGHWAY AND MOTOR VEHICLE. "Highway and motor vehicle"
are as defined in §§ 360 and 415, respectively, of the
California Vehicle Code.
Section 3 . CRUISING PROHIBITED. Cruising in the Central
Traffic Area shall constitute an infraction.
Section 4 . EXCLUSIONS. This Chapter shall not apply to the
following vehicles: In-service emergency vehicles, taxicabs for
hire, buses and other vehicles being driven for business purposes.,
Section 5 . PENALTY. A person who violates this Chapter is
guilty of an infraction punishable by a fine not exceeding: ( 1 )
$50.00 for a first violation; ( 2) $100. 00 for a second violation
within one year; and (3 ) $250. 00 for each additional violation
within one year.
Section 6 . EMERGENCY ORDINANCE; IMMEDIATE EFFECT. This is
an emergency ordinance, adopted under Government Code §§ 36934 and
3693.7 .for the immediate preservation of the public health, safety
and peace of the citizens of Dublin. The facts constituting the
emergency are as follows: "Cruise nights" have been held in
Dublin recently which have resulted in traffic congestion over and -_-
above what Dublin streets can handle; disruption to businesses and
residents from noise, drinking and litter and numerous violations
of law; and the inability of emergency vehicles to pass on
congested streets. The conditions generated by the "cruise night"
events and the imminent threat of further such "cruise nights"
threaten the public health, safety and peace of the citizens of
Dublin. The City Council finds it in the interest of the public
health, safety and peace to adopt this Ordinance. This Ordinance
shall take effect immediately.
Section 7 . POSTING OF ORDINANCE . The City Clerk of the City
of Dublin shall cause this Ordinance to be posted in at least
three (3 ) public places in the City of Dublin in accordance with
Section 36933 of the Government Code of the State of California.
PASSED AND ADOPTED by the City Council of the City of Dublin
on this day of , 19 , by the
following votes:
AYES :
NOES :
ABSENT :
Mayor
ATTEST:
City Clerk
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