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Ordinance 2012-11ORDINANCE NO. 2012-11 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 15, ARTICLES 1 AND 8 OF THE GILROY CITY CODE PROHIBITING JAYWALKING NEAR SCHOOLS AND IN OTHER AREAS OF THE CITY WHEREAS, the California Constitution, article XI section 7, confers on the City of Gilroy ( "City ") the power to make and enforce within its limits all local, police, sanitary and other ordinances and regulations not in conflict with general laws; and WHEREAS, jaywalking near schools, and in other high - traffic areas of the city, is a significant pedestrian/traffic safety problem; and WHEREAS, the California Vehicle Code prohibits jaywalking only between signalized intersections; WHEREAS, the Gilroy City Code currently prohibits jaywalking in "any business district," and in the "central traffic district" only; and WHEREAS, there are numerous blocks near schools, which are not between signalized intersections, where jaywalking is causing pedestrian/traffic safety problems; and WHEREAS, this Ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended; and WHEREAS, the City Council now desires to clarify and expand the city's prohibition on jaywalking; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ' GILROY DOES HEREBY ORDAIN AS FOLLOWS: 1MDOLINGER11028303.3 ORDINANCE 2012 -11 061312-04706091 SECTION I The definition of "central traffic district" in Chapter 15, Article 1, Section 15.1 of the Gilroy City Code is amended to read as follows: "Central traffic district" means Monterey Street between Second Street and Eighth Street. SECTION II Chapter 15, Article 1, Section 15.1 the Gilroy City Code is amended to add the following: "School zone" means all street sections directly adjacent to, and extending 500 feet beyond, the boundaries of a public or private school providing instruction in kindergarten and/or grades 1 through 12, or any grades included therein. SECTION III Chapter 15, Article 8, Section 15.108 the Gilroy City Code is amended to read as follows: "No pedestrian shall cross a roadway other than by a crosswalk in the central traffic district or in any business district or in any school zone that is posted with a SCHOOL sign and a NO CROSSING sign." SECTION IV If any section, subsection, subdivision, sentence, clause, or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, the validity of the remaining portion of this Ordinance shall not be affected thereby. SECTION V Pursuant to section 608 of the Charter of the City of Gilroy, Ordinance shall be in full force and effect thirty (30) days from and after the date of its adopted. PASSED AND ADOPTED this 6th day of August, 2012 by the following vote: AYES: COUNCILMEMBERS: ARELLANO, BRACCO, DILLON, TUCKER, LEROE- MUNOZ, and PINHEIRO 1MROLINGER11028303.3 ORDINANCE 2012 -11 061312-04706091 NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: WOODWARD APPROVED: ,,,-"A'- I Pinheiro, Mayor 1MDOLINGER11028303.3 ORDINANCE 2012-11 061312-04706091 I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the attached Ordinance No. 2012 -11 is an original ordinance, or true and correct copy of a City ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 6`h day of August, 2012, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 7`h day of August, 2012. S1Yawna Freels, M(lbw' / City Clerk of the of Gilroy (Seal)