Ordinance 1993-19ORDINANCE NO. 93-19
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GILROY ADDING SECTIONS 15.14 TO 15.16,
REGARDING CRUISING BY MOTOR VEHICLES, TO
CHAPTER 15 OF THE CODE OF THE CITY OF GILROY
WHEREAS, "cruising" as defined herein creates public
health and safety problems for the citizens of Gilroy by causing
extreme traffic congestion, unnecessary noise and air pollution,
and extraordinary deployment of police officers to address the
problem, thus diverting scarce police resources away from other
concerns; and
WHEREAS, California Vehicle Code Section 21100(k)
authorizes local authorities to adopt ordinances regulating
cruising and Sections 40000.1, 40000.28, 42001, and 42002 set forth
penalties for violations of such ordinances;
THE CITY COUNCIL OF THE CITY OF GILROY DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION I
The following definition is added to Section 15.1 of the
Code of the City of Gilroy:
Cruisinq. "Cruising" is defined as the
repetitive driving of a motor vehicle past a
traffic control point designated by a peace
officer, under conditions in which traffic is
congested at or near the traffic control
point, as determined by the ranking peace
officer on duty within the affected area,
three or more times within a 2-hour period,
after having driven past said control point
twice within the same period and having been
given adequate written notice during or after
the first or second passing that passing the
control point a third time under the
conditions stated herein shall constitute a
violation of Section 15.15.
SECTION II
Sections 15.14 to 15.16 are hereby added to Chapter 15
of the Code of the city of Gilroy as follows:
Sec. 15.14. No-Cruising Zones. No-
cruising zones in the City shall be
established from time to time by a resolution
of the City Council.
ORDINANCE NO. 93 - 19 -1-
Sec. 15.15. Cruising Prohibited.
Cruising in no-cruising zones designated
pursuant to Section 15.14 shall constitute an
infraction. Every person convicted of an
infraction shall be punished as follows:
(a) For a first infraction, by a fine not
exceeding $100.00.
(b) For a second infraction occurring within
one year of a prior infraction which resulted
in a conviction, a fine not exceeding $200.00.
(c) For a third or any subsequent infraction
occurring within one year of two or more prior
infractions which resulted in a conviction, a
fine not exceeding $250.00.
Any offense which would otherwise be an
infraction is a misdemeanor if a defendant has
been convicted of three or more violations of
this Ordinance within the 12-month period
immediately preceding the commission of the
offense, and such prior convictions are admit-
ted by the defendant or alleged in the accusa-
tory pleading. For this purpose, a bail
forfeiture shall be deemed to be a conviction
of the offense charged. Every person con-
victed of a misdemeanor shall be punished by
a fine not exceeding $1,000.00 or by imprison-
ment in the county jail for not exceeding six
months, or by both such fine and imprisonment.
Sec. 15.16. Exclusions. Section 15.15
shall not apply to the following vehicles:
emergency vehicles on patrol, taxicabs for
hire, and other business vehicles being driven
solely for business purposes.
SECTION III
This ordinance shall take effect and be in full force
thirty (30) days from and after its adoption and approval.
PASSED AND ADOPTED this 7th day of September, 1993 by
the following vote:
AYES: COUNCILMEMBERS: GILROY, HALE, NELSON, R0%~ISON
and GAGE.
NOES:
COUNCILMEMBERS: KLOECKER and VALDEZ
ABSENT:
COUNCILMEMBERS: None
./Susanne E. Stelnmetz, City,~
ORDINANCE NO. 93 - 1 9 -2-
APPenD: _ .,--
I, SUSANNE E. STEINMETZ, City Clerk of the City of Gilroy, do
hereby certify that the attached Ordinance No. 93-19 is an original
ordinance, duly adopted by the Council of the City of Gilr°y at a regular
meeting of said Council held on the 7~h day of September , 19 93
at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the
eal of the City of Gilroy this
· City Clerk of the City o Gilroy ~
(Seal)
8th day of September , 19 93 .