HomeMy WebLinkAbout59-85 BEFORE THE CITY COUNCIL OF THE CITY OF DANVILLE
In the Matter of: )
)
An Urgency Ordinance Adding )
Chapter 3 (Cruising) to Title ) ORDINANCE NO. 59-85
12 (Traffic and VehicLes) of )
the Danville Municipal Code )
)
The City Council of the City of Danville DOES
ORDAIN as follows:
SECTION 1. A new Chapter 3, Cruising, is added
to Title 12 (Vehicles and Traffic) of the Danville
Municipal Code to read as follows:
"Chapter 3
Cruising
Section 12-101 Authority.
Section 12-102 Definitions.
Section 12-103 Cruising Prohibited.
- Section 12-104 Posting Streets.
Section 12-105 Exclusions.
Section 12-106 Penalty.
Section 12-101. Authority.
This chapter is enacted under California Vehicle
Code Section 21100(k).
Section 12-102. Definitions.
In this chapter, unless the context indicates
otherwise, requires:
(1) "central traffic area" means the area
bordered by and including San Ramon Valley Blvd. at
Midland Way and continuing north through So. Hartz,
Hartz Avenue and Danville Blvd. at Las Barrancas Drive.
Diablo Road at Hartz Avenue East to Camino Tassajara
North and South on Railroad Avenue from Linda Mesa
Avenue to San Ramon Valley Blvd.
(2) "cruise" or "cruising" means the repetitive
driving of a motor vehicle past a traffic control point
in traffic which is congested. Driving is considered
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City Council determines that the existing channels are substantially
utilized, the Franchisee shall provide up to three additional channels and
shall be given sixty days notice prior to the necessary activation date.
Provided reasonable advance notification to the appropriate entity, the
Franchisee may use available air time on an access channel for its own
programming purposes at no charge during the periods of time the channel is
not otherwise needed for community service programming, consistent with
Ordinance Section 10-122(f).
The City shall be provided access to available upstream and down-
stream bandwidth on the system, not otherwise in use, for telemetry control
of traffic signals and other purposes, consistent with Ordinance Section 10-
122(e). A mutual agreement regarding implementation as required under
Section 10-122 (e) shall be adopted before telemetry transmission is
implemented. The City, per the Award Agreement, is being provided no rights
greater than those set forth in Section 10-122 (e).
Pages 23-27 of the Franchisee's Proposal describes its plan for
community service television. The Franchisee shall reserve for c~,,.~nity
service television an amount equal to the difference between the
Franchisee's yearly payments to the municipality and five percent of its
total annual gross proceedings. Funds shall be retained in a separate
interest-bearing escrow account. If the Franchisee obtains fifty percent of
the market after build-out, there should be a monthly budget of approxi-
mately $10,000 through such contribution and not considering outside grants
or other revenue. In addition, the Franchisee shall provide within five
years, upon request when needed, use of equipment valued up to $50,000 for
community access programming and shall also provide reasonable access to
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repetitive if a driver drives past the control point
three or more times within a two-hour period.
(3) "highway" and "motor vehicle" are defined in
California Vehicle Code Sections 360 and 415, respectively.
Section 12-103. Cruising Prohibited.
No person may cruise in the central traffic area.
This section applies only (1) if notice is posted
on the streets subject to cruising controls as provided in
section 12-104 and (2) if a driver has been given written
notice on a previous trip past the control point and then
again passes the control point within a two-hour period.
Section 12-104. Posting Streets.
The beginning and end of the portions of the streets
subject to cruising controls shall be clearly identified by
signs which announce the prohibition on cruising.
Section 12-105. Exclusions.
This chapter does not apply to in-service emergency
vehicles, taxicabs for hire, buses and other vehicles being
- driven for business purposes.
Section 12-106. Penalty.
A person who violates this chapter is guilty of an
infraction punishable by a fine not exceeding: (1) $50 for
a first violation; (2) $100 for a second violation within
one year; and (3) $250 for each additional violation within
one year."
SECTION 2. Urgency; Effective Date.
This is an urgency ordinance, adopted under Government
Code ~36934 and 36939, for the immediate preservation of the
public health, safety and welfare. The facts constituting
the urgency are these: Danville's central traffic area is
very limited in its capacity to handle traffic; the East Bay
Municipal Utility District is doing extensive construction
work in the central traffic area resulting in the closure of
one or more traffic lanes, preventing left turns in many
locations, all of which further restrict the flow of traffic;
a flier announcing an April 20, 1985 "cruise night" in
Danville has been distributed; unless this ordinance is adopted
and takes effect before April 20, city personnel may not have
the authority to effectively manage traffic in the central
traffic area. The City Council has determined that it is in
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the interests of public health and safety to adopt the
regulations provided in this ordinance.
This ordinance takes effect immediately.
SECTION 3. Publication.
The City Clerk shall have this ordinance published
once within 15 days after adoption in a newspaper of
general circulation.
The foregoing ordinance was introduced and adopted
at a meeting of the City Council held on April 10, 1985,
by the following vote:
AYES: May, McNeely, Offenhartz, Schlendorf
NOES: None
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ABSENT: Lane /
I~YOR /
ATTEST:
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CITY~CLERK ,.~ ~
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