The purpose of this chapter is to regulate the activity of vehicular "cruising" as defined herein in the interest of the public health safety and general welfare. The city council finds that there has been an increase in cruising activity, which results in extreme traffic congestion, an increased level of crime, and depletion of police services to the community. Such consequences serve as the basis for establishing this chapter.
(Ord. U-2064 § 1 (part), 6-13-2000)
As used in this chapter, vehicular "cruising" is defined as operating or occupying any motor vehicle on a highway three or more times within a four-hour period, past a traffic control point designated by the ranking peace officer on duty, established at or near a place where traffic is congested.
(Ord. U-2064 § 1 (part), 6-13-2000)
A. 
No person shall operate or occupy a motor vehicle past a traffic control point established at or near a place where traffic is congested, within four hours after the vehicle operator has been given an adequate written notice that further driving past the traffic control point within this time frame is prohibited. Each successive trip past the traffic control point shall constitute a separate violation of this section, and no additional written notice shall be required for such separate violation.
B. 
This section shall not apply to the drivers, operators or passengers of the following vehicles:
1. 
Any authorized emergency 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.
C. 
No person is in violation of this section unless:
1. 
That person has been given the written notice on a previous driving trip past the traffic control point and then again passes the control point within the prohibited time frame; and
2. 
The beginning and end of the portion of the street subject to vehicular cruising controls are clearly identified by signs that reference the appropriate provisions of this chapter.
(Ord. U-2064 § 1 (part), 6-13-2000)
The ranking peace officer on duty within the affected area shall have the authority to establish one or more traffic control points at or near the area of traffic congestion for the purpose of regulating vehicular cruising. The city traffic engineer, or the ranking peace officer on duty, or his designee, shall cause "No Cruising" signs to be placed at the beginning and end of the portion of any street or highway which is subject to cruising controls, and which clearly reference Section 7.72.030 of this code and Vehicle Code Section 21100(k).
(Ord. U-2064 § 1 (part), 6-13-2000)
Any person who, as the operator of, or passenger in, a motor vehicle driven past a vehicle control point established pursuant to Section 7.72.040 at least two times within a four-hour period, may be given written notice that further driving past the traffic control point will be a violation of Section 7.72.030 of this code.
(Ord. U-2064 § 1 (part), 6-13-2000)
Notwithstanding any other provision of this code, it shall be a misdemeanor for any person to violate the provisions of Section 7.72.030 herein, and upon conviction thereof, such person shall be punished by imprisonment in the county jail or the city jail of the city of South Gate for not less than five days nor more than six months, or by a fine of not less than one hundred dollars nor more than one thousand dollars, or both such fine and imprisonment in the discretion of the court.
(Ord. U-2064 § 1 (part), 6-13-2000)
A. 
Pursuant to Section 22655.5(a) of the California Vehicle Code, a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove a motor vehicle from the highway or from public or private property within the city and have same stored for a period not to exceed thirty calendar days, if the peace officer has probable cause to believe that the vehicle was being operated or occupied for the purpose of cruising (as prohibited by this chapter).
B. 
When a vehicle has been removed and stored ("impounded") pursuant to Section 7.72.070(A), the police chief or his designee, shall provide the vehicle's registered and legal owners as reflected on the most current department of motor vehicles registration records, or their agents, with the opportunity for a post-storage hearing to determine the validity of the storage, or to consider mitigating circumstances attendant to the impoundment.
C. 
A notice of the impoundment shall be mailed (via certified mail, return receipt) at the address listed on the most current department of motor vehicles registration records or personally delivered to the registered and legal owners within forty-eight hours, excluding weekends and holidays, and shall include all of the following information:
1. 
The name, address, and telephone number of the agency providing the notice;
2. 
The location of the place of storage and description of the vehicle, which shall include, if available, the name or make, the manufacturer, the license plate number and the mileage;
3. 
The authority and purpose for the removal of the vehicle, and the time of impoundment not to exceed thirty days; and
4. 
A statement that, in order to receive their post-storage hearing, the owners, or their agents, shall request the hearing in person, writing, or by telephone to the agency providing the notice (or in any other manner required in the notice) within ten days of the date appearing on the notice.
D. 
The failure of the registered or legal owners to receive notice properly served in accordance with this section at the address(es) listed on the most current department of motor vehicles registration records, or the failure to notify any person with legal interest in the vehicle that is not listed on the most current department of motor vehicle registration records, does not constitute defective service and shall not be a bar to the impoundment procedures set forth in this chapter.
E. 
The post-storage hearing shall be conducted by the police chief or his designee within forty-eight hours of the request, excluding weekends and holidays. In no circumstance may the hearing officer be the same person who directed the impoundment of the vehicle.
F. 
No vehicle impounded pursuant to this section shall be released without presentation of the registered owner's or agent's currently valid driver's license to operate the vehicle and proof of current registration and liability insurance (in the limits as required by law), or upon order of a court.
G. 
The registered owner of his or her agent is responsible for all towing and storage charges related to the impoundment, in accordance with Section 22850.5 of the California Vehicle Code.
H. 
Pursuant to Section 22655.5(d) of the California Vehicle Code, in any prosecution of the crime for which a vehicle was impounded pursuant to this section, the prosecutors may request, and the court may order, the perpetrator of the crime, if convicted, to pay the costs of towing and storage of the vehicle, and any administrative charges in accordance with Section 22850.5 of the California Vehicle Code.
I. 
The notice and hearing provisions of this section shall not apply to vehicles abated as a public nuisance pursuant to Section 22660 of the California Vehicle Code and/or Chapter 6.54 of Title 6 of this code, or to vehicles impounded for investigation/evidentiary purposes pursuant to Section 22655.5(b) of the California Vehicle Code.
(Ord. 2189 § 1, 1-11-2005)