This chapter is adopted pursuant to the authority granted by Vehicle Code Section 21101.4 which allows local authorities to adopt rules and regulations for temporary street closures due to serious and continual criminal activity on portions of the streets recommended for closure. The Council's findings, based on the recommendations of the Chief of Police and taking into consideration Vehicle Code Section 21101.4 criteria for temporary street closures, are as follows:
(a)
Serious and continuing criminal activity in the form of nighttime street racing is being conducted on the designated streets. Such street racing constitutes a nuisance, creates potential hazards to the health and safety of the public, and interferes with pedestrian and vehicular traffic within the City of Santa Clara. The illegal races occur on a regular basis in the industrial and/or commercial zones of the city. Street racers accelerate to extremely high speeds without regard to traffic, pedestrians, or vehicles parked nearby. The racers move quickly from street to street, racing for several heats and then often moving on to another street upon the arrival of a police unit. Calls for police service, traffic accidents, and property crimes have increased dramatically due to the street racing.
(b)
In addition, serious criminal activity in the form of "sideshows" has occurred at night on certain city streets and on private property. Sideshows include drivers deliberately driving in circles at high rates of speed until the vehicles' wheels break or lose traction, frequently in the presence of other drivers and spectators. Such activity creates a serious threat to life and property, similar to the dangers of street racing.
(c)
The designated streets have not been designated as through highways or arterial streets.
(d)
Vehicular or pedestrian traffic on the designated streets contributes to the criminal activity of nighttime street racing. Hundreds of people have been found to form illicit "tracks" along broad and long streets. Those gathered often block the streets and sidewalks to form the racetrack area and generally encourage, aid and abet the racing process.
(e)
The temporary closure of the designated streets will not substantially adversely affect traffic flow, safety on the adjacent streets or in the surrounding neighborhoods, the operation of emergency vehicles, performance of municipal or public utility services, or the delivery of freight by commercial vehicles in the area of the highway to be temporarily closed since the recommended hours for temporary closure are nights between the hours of 11:00 P.M. and 5:00 A.M.
(Ord. 1790 § 1, 4-20-2004)