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Date Adopted:
Date Approved
Effective Date:
City Attorney Approval: ________
Ordinance No.
BILL NO.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF FRESNO, CALIFORNIA,
REPEALING ARTICLE 22 OF CHAPTER 14 OF THE
FRESNO MUNICIPAL CODE, RELATING TO CRUISING
WHEREAS, nearly 34 years ago, the City of Fresno (City) enacted a cruising ban within the Fresno Municipal Code (FMC) to keep communities safe and address concerns involving traffic, noise and crime; and
WHEREAS, over the last year, the State Legislature has encouraged local jurisdictions to recognize the cultural signi ficance of cruising in California and several jurisdictions across the state have already abolished bans on lowrider car cruising; and WHEREAS, State Assembly Bill 436 (AB 436) was signed into law on October 13, 2023; and
WHEREAS, the passage of AB 436 includes the complete repeal of the cruising ban, legalizing cruising across California and removing the authorization for the City to adopt rules and regulations by ordinance or resolution for cruising; and WHEREAS, AB 436 further repeals the prohibition that made it unlawful to operate a passenger vehicle, or commercial vehicle under 6,000 pounds, that has been modified from its original design so that any portion of the vehicle, other than the wheels, has less clearance from the surface of a level r oadway than the clearance between the roadway and the lowermost portion of any rim of any wheel in contact with the roadway; and
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WHEREAS, the City now wishes to take th e steps to make th e FMC consistent with state law, by repealing Article 22 of Chapter 14 of the FMC, regarding the prohibition of cruising.
THE COUNCIL OF THE CITY OF FRESNO DOES ORDAIN AS FOLLOWS:
SECTION 1. Article 22 of Chapter 14 of the Fresno Municipal Code is repealed.
SECTION 2. This ordinance shall become effe ctive and in full force and effect at 12:01 a.m. on the thirty-first day after its final passage.
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, ce rtify that the foregoing ordinance was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2023.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2023
Mayor Approval/No Return: , 2023
Mayor Veto: , 2023
Council Override Vote: , 2023
TODD STERMER, CMC
City Clerk
By:
Date
Deputy
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Tracy N. Parvanian Date
Supervising Deputy City Attorney