(Amended by Ord. No. 171,574, 5/1/97.)
(a) The ranking peace officer on duty within any area affected by traffic congestion may, having determined that such area is so affected, establish one or more traffic control points at or near such area to regulate cruising. Cruising is defined to mean the driving of a motor vehicle two or more times within a six-hour period, in a particular direction, past a traffic control point so established on a portion of any street identified as subject to cruising controls by signs posted at the beginning and end of the controlled roadway that briefly and clearly state the appropriate provisions of this section and Section 21100(k) of the Vehicle Code, and after the operator of the vehicle, either as the operator or passenger therein, has been given the notice specified in this section. The ranking peace officer on duty within, or near, the area affected by traffic congestion, or the ranking peace officer’s designee, shall be empowered to post the signs required by this section.
(b) Any person, who, as the operator of, or a passenger in, a motor vehicle driven bin a particular direction, past any traffic control point established by the ranking peace officer on duty within the affected area, on a portion of any street identified as subject to cruising controls as specified in Subsection (a), may be given written notice that further driving past the control point, in violation of Subsection (c), hereof, will be a violation of this section.
(c) No person, having driven a motor vehicle, or, having been a passenger in a motor vehicle driven, past a traffic control point established pursuant to this section and having received written notice that further driving past the traffic control point will constitute a violation of this section, shall drive past the control point within the period while cruising controls are in effect. Each successive trip past the traffic control point shall constitute a separate violation of this section, and no additional notice shall be required prior to issuance of a second or subsequent citation, or arrest.
(d) This section shall not apply to:
(1) Any authorized vehicle as defined in Section 165 of the California Vehicle Code.
(2) Any publicly owned vehicle of any city, county, district, state or federal agency.
(3) Any vehicle licensed for public transportation or vehicles which are normally used for business purposes and are engaged in such business use.
(e) It shall be an infraction for any person to violate this section and upon conviction thereof shall be punished as follows:
1. For the first offense by a fine of one hundred dollars ($100),
2. For a second offense occurring within one year of a prior violation of this section which resulted in a conviction, by a fine of two hundred dollars ($200),
3. For a third or any subsequent offense occurring within one year of two or more prior violations which resulted in convictions, by a fine of two hundred fifty dollars ($250).