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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 .