(A) Prohibited. No person shall engage in the activity known as CRUISING as defined in this section on the public streets, alleys, or highways of the city in any area which has been posted as a No-Cruising Zone.
(B) Loitering in a no-cruise zone prohibited. It shall be unlawful to loiter on any property in the proximity of any posted No-Cruise Zone between the hours of 6:00 p.m. of one day and 6:00 a.m. the next day.
(C) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1)
CRUISING. The repetitive driving of any motor vehicle past a traffic-control point in traffic which is congested at or near the traffic-control point.
(2)
CONGESTED TRAFFIC. Traffic on any public street, alley, or highway which is delaying to the point that:
(a) Motor vehicles cannot move through a 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;
(b) Motor vehicles cannot move through a 100-yard approach corridor to an intersection controlled by a traffic light, stop sign, or yield sign within a five-minute period of time where the delay in forward movement is due to the position of other motor vehicles; or,
(c) Motor vehicles cannot readily move forward on portions of public streets, alleys, or highways between intersections because traffic speed is 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.
(3)
GREEN LIGHT CYCLE. The period commencing upon the switching of a traffic light from a red light to a green light through to the return of a red light.
(4)
LOITER. To delay, linger, or idle about without a lawful purpose.
(5)
PROPERTY ON THE PROXIMITY OF ANY POSTED NO-CRUISING ZONE. Any property which is both visible from and located within 300 feet of any portion of a street, alley, or highway which is posted as a No-Cruising Zone pursuant to this section.
(6)
TRAFFIC-CONTROL POINT. 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.
(D) 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 stating that any subsequent passage past that traffic-control point within the next succeeding four hours will be a violation of this section.
(E) Violation. Any person who, after having received a written notice as described in division (D) of this section, subsequently drives past or is a passenger in a vehicle passing the same traffic-control point within the next succeeding four hours shall be in violation of this section.
(F) Posting of signs. This section may be enforced in any area which has been posted as a “No-Cruising Zone.” The following streets are established as "No Cruising Zones": U.S. Hwy. 101, 4th and 5th Streets, through the downtown area of Eureka, between Broadway and "V" Streets. “No Cruising” signs shall be posted at the beginning and the end of any public street, alley, or highway, or portion thereof, which is a No-Cruising Zone, or at any other locations within the zone as deemed appropriate. The signs shall reference Cal. Veh. Code § 21100(k) and this section.
(G) Violation.
(1) The refusal of any person to leave the premises after having been cited by any peace officer for a violation of this section shall constitute a misdemeanor. The punishment for a misdemeanor violation of this section shall be as provided by § 10.99 of this code.
(2) Violation of this section is an infraction. The penalties as provided by § 10.99 are:
(a) First conviction - $50 fine.
(b) Second conviction within one year - $100 fine.
(c) Third or subsequent conviction within one year - $250 fine.
(3) Any minor who is cited for violation of this section shall be considered in violation of a traffic offense for purposes of Cal. Welf. & Inst. Code § 256.
(Ord. 600, passed 11-7-95; Am. Ord. 615-C.S., passed 5-20-97) Penalty, see § 130.99