Staff Report - Ordinance Deleting Chapter 10.32 of the Sacramento City Code Relating to Cruising

City Council Report
915 I Street, 1st Floor
Sacramento, CA 95814
www.cityofsacramento.org

File ID: 2022-01169 May 31, 2022

Title: Ordinance Deleting Chapter 10.32 of the Sacramento City Code Relating to Cruising (Majority Vote Required) {To be published in its entirety upon adoption}

Location: Citywide

Recommendation: 1) Pass a Motion by a majority vote to bypass the Law and Legislation Committee pursuant to Council Rules of Procedure section 13.B.1.b.ii; and 2) Adopt an Ordinance deleting Chapter 10.32 of the Sacramento City Code relating to cruising, to be published in its entirety within ten days of adoption per City Charter section 32(d).

Contact: Katie Valenzuela, City Councilmember, 916-808-7004, [email protected]

Presenter: Katie Valenzuela, City Councilmember, 916-808-7004, [email protected]

Attachments:
1-Description/Analysis
2-Ordinance (Redline)
3-Ordinance (Clean)

Description/Analysis

Issue Detail: Under Chapter 10.32 of the City Code, there are various provisions related to the prohibition and enforcement related to cruising, which is defined under section 10.32.020 as the repetitive driving of any motor vehicle past a traffic control point in traffic which is congested at or near the traffic control point. Under section 10.32.090 the fine for a first violation is one hundred dollars ($100.00); a second violation within one year, is subject to a fine of two hundred dollars ($200.00) fine; and each additional violation within one year, is subject to a fine of five hundred dollar ($500.00) fine.

This ordinance was first adopted on March 22, 1988. It was subsequently amended in 1993 to increase each additional fine after the second one, from $250 to $500.

The cruising ordinance has not been enforced in many years. Current language is written too broadly to be equitably applied and is only valid in zones posted with signs. The ordinance and signs do not give the Police Department the tools they require to address “sideshows.” Sideshows are car gatherings that involve activities like speeding, revving wheels to create tire marks and reckless driving that are a violation of vehicle codes. The City recognizes that sideshows are not related to “cruising” as traditionally and currently practiced by the Sacramento Lowrider Community and does not want to restrict the ability of law-abiding residents from using public roads and parking spaces.

This action will repeal the ordinance and strengthen community relations for the City and its Police Department with the Sacramento Lowrider Community.

Policy Considerations: Deleting Chapter 10.32 from the City Code is not expected to affect the public health and safety within the City. The cruising ordinance has not been used for enforcement for many years. The City Council will continue to work with the Police Department and City Attorney’s office on a new ordinance to address any enforcement gaps relating to dangerous driving at “sideshows,” an activity unrelated to “cruising” as traditionally and currently practiced.

Economic Impacts: None.

Environmental Considerations: The ordinance is not a project subject to CEQA because it involves only general policy and procedure making and does not have the potential for resulting in either a direct or indirect physical change to the environment. [CEQA Guidelines section 15002(d), 15378(b)(2) and 15061(b)(3)].

Sustainability: Not applicable.

Commission/Committee Action: Not applicable.

Rationale for Recommendation: Bypassing the Law and Legislation Committee review process will allow this action to delete the cruising ordinance from the City Code to take effect this month, after the ordinance is published following the Council’s action. The City of Sacramento Council Rules of Procedure may waive Law and Legislation Committee via Chapter 13, section B.1.b.ii.

Under the City Charter section 32(d), in lieu of the Pass for Publication of the ordinance title, an ordinance can be enacted by publishing it in full within 10 days after adoption.

Financial Considerations: None.

Local Business Enterprise (LBE): Not applicable.

1 ORDINANCE NO. 2022-XXXX

Adopted by the Sacramento City Council

[Date Adopted]

AN ORDINANCE DELETING CHAPTER 10.32 OF THE SACRAMENTO CITY

CODE, RELATING TO CRUISING
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:

SECTION 1.

Chapter 10.32 of the Sacramento City Code is hereby deleted.

Chapter 10.32.010 CRUISING

10.32.010 Cruising prohibited.

No person shall engage in the activity known as “cruising,” as defined in this chapter, on the public streets, alleys, or highways of the city in any area which has been posted as a no-cruising zone.

10.32.020 “Cruising” defined.

For purposes of this chapter, “cruising” shall be defined as the repetitive driving of any motor vehicle past a traffic control point in traffic which is congested at or near the traffic control point.

10.32.030 “Congested traffic” defined.

For the purposes of this chapter, “congested traffic” means traffic on any public street, alley or highway which is delayed to the point that:

A. Motor vehicles cannot move through a one hundred (100) yard approach corridor to an intersection controlled by a traffic light within two complete green light cycles where the delay in forward movement is due to the position of other motor vehicles; or
B. Motor vehicles cannot move through a one hundred (100) yard approach corridor to an intersection controlled by a traffic light within a five minute period of time where the delay in forward movement is due to the position of other motor 2 vehicles; or
C. Motor vehicles cannot readily move forward on portions of public streets, alleys, or highways between intersections because traffic speed has slowed to less than five miles per hour, and the delay in movement is due to the position of other motor vehicles.

The determination that a street, alley or highway is congested shall be made by the ranking peace officer on duty within the affected area.

10.32.040 “Green light cycles” defined.

For purposes of this chapter, a “green light cycle” means the period commencing upon the switching of a red light to a green light through to the return of a red light.

10.32.050 “Traffic control point” defined.

For purposes of this chapter, “traffic control point” means a location along a public street, alley or highway utilized by a peace officer on duty within the affected area as an observation point in order to monitor traffic conditions for potential violations of this chapter.

10.32.060 Warning against cruising.

A peace officer may issue a written notice to any person operating or occupying any motor vehicle passing a traffic control point that any subsequent passage past that traffic control point within the next succeeding four hours will be a violation of this chapter.

10.32.070 Violation of this chapter.

Any person who, after having received a written notice as described in Section 10.32.060 of this chapter, subsequently drives past the same traffic control point within the next succeeding four hours shall be in violation of this chapter.

10.32.080 Identification by signs.

This chapter will be enforced in any area which has been clearly identified by signs as a no-cruising zone. No-cruising signs shall be placed at the beginning and end of any public street, alley or highway or portion thereof which is a no-cruising zone. The signs shall reference California Vehicle Code Section 21100(k) and this chapter.

10.32.090 Violation—Penalty.
3 Violation of this chapter is an infraction. The penalty for a first violation of cruising is a on e hundred dollar ($100.00) fine; for a second violation within one year, the penalty is a two hundred dollar ($200.00) fine; for each additional violation within one year, the penalty is a five hundred dollar ($500.00) fine.

ORDINANCE NO. 2022-XXXX