Chapter 10.07
TEMPORARY STREET CLOSURES

Sections:

10.07.010  Findings and purpose.

10.07.020  Definitions.

10.07.030  Designation of additional streets.

10.07.040  Posting of temporary closure.

10.07.050  Violation of temporary closure – Exceptions.

10.07.060  Operative time.

10.07.010 Findings and purpose.

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, 4-20-04).

10.07.020 Definitions.

(a) "Designated streets" means the following streets or sections of streets within the City of Santa Clara:

(1) Patrick Henry Drive;

(2) Old Ironsides Drive;

(3) Betsy Ross Drive;

(4) Bunker Hill Lane;

(5) Democracy Way;

(6) Yerba Buena Way;

(7) Nelo Street;

(8) Aldo Avenue beginning at a point 200 feet east of Lafayette Street and continuing east to Victor Street;

(9) Nuttman Street;

(10) Laurelwood Road;

(11) Molinaro Street;

(12) Belick Street;

(13) Gianni Street;

(14) Keller Street;

(15) Woodward Avenue;

(16) Edward Avenue;

(17) Victor Street;

(18) Calle Del Mundo;

(19) Calle De Luna between Calle Del Sol and Calle Del Mundo;

(20) Old Mountain View Road between Great America Parkway and the City of Sunnyvale;

(21) Hope Drive;

(22) Bassett Street from Laurelwood to Agnew.

Streets in addition to those listed above may be included in the list of designated streets if the City Council determines by resolution, pursuant to SCCC 10.07.030, that any such street meets the criteria identified in Vehicle Code Section 21104.4.

(b) "Median" means a paved or planted strip dividing a highway into lanes according to direction of travel.

(c) "Sideshow" means any unlawful reckless driving or exhibition of speed as defined in Vehicle Code Sections 23103 and 23109, including, but not limited to, deliberately driving in circles at high rates of speed until vehicle wheels break or lose traction with the roadway (a practice commonly known as "doughnuts").

(d) "Street race" means any unlawful speed contest, as defined by Vehicle Code Section 23109, whether or not the race is attended by persons other than the drivers of the vehicles involved in the race. (Ord. 1790 § 1, 4-20-04).

10.07.030 Designation of additional streets.

(a) Upon the recommendation of the Police Chief, the City Council may from time to time adopt a resolution identifying additional streets where there are continuing activities that warrant closure of the street in accordance with California Vehicle Code Section 21101.4.

(b) Prior to adopting a resolution identifying designated streets for temporary closure, the city council shall hold a public hearing and make the following findings consistent with SCCC 10.07.010:

(1) Serious and continuing criminal activity exists on designated streets within the City of Santa Clara recommended for temporary closure.

(2) The designated streets have not been designated as through highways or arterial streets.

(3) Vehicular or pedestrian traffic on the designated streets contributes to the criminal activity.

(4) The temporary closure of the designated streets will not substantially adversely affect traffic flow, safety down 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 proposed to be temporarily closed. (Ord. 1790 § 1, 4-20-04).

10.07.040 Posting of temporary closure.

Pursuant to Vehicle Code Section 21103 and 22651(n), signs giving notice of the temporary closure and removal of vehicles shall be posted prior to enforcement of this chapter. Such signs shall be posted at all entrances to the designated streets. Signs shall advise of the temporary street closure days and hours, that the area is a tow-away zone and that violators may be cited for a violation of the temporary street closure. Lettering on the signs shall be at least one to two inches in height. (Ord. 1790 § 1, 4-20-04).

10.07.050 Violation of temporary closure – Exceptions.

(a) It shall be unlawful for any person to operate, stand or park a vehicle on any designated street within the hours of temporary closure.

(b) It shall be unlawful for any person to enter or remain on a sidewalk or median along or in a designated street within the hours of temporary closure.

(c) In addition to any criminal, civil or administrative penalties, vehicles stopped, parked, or left standing on a designated street within the hours of temporary closure are subject to towing pursuant to Vehicle Code Section 22651(n).

(d) The provisions of this chapter regulating the operation, parking and standing of vehicles shall not apply to the following:

(1) Vehicles operated by the Police or Fire Department; any public ambulance or any public utility vehicle or any private ambulance, which public utility vehicle or private ambulance has qualified as an authorized emergency vehicle.

(2) Commercial vehicles making deliveries to and from commercial properties adjacent to the designated streets and individuals having identification demonstrating their employment at a business located adjacent to the designated streets. (Ord. 1790 § 1, 4-20-04).

10.07.060 Operative time.

Pursuant to Vehicle Code Section 21202.4(b), this chapter shall be operative for eighteen (18) months from adoption. However, this time is subject to extension by resolution of the City Council. (Ord. 1790 § 1, 4-20-04).