Fontana Municipal Code Div. 3 Temporary Closure of Streets

(a) Upon the recommendation of the police chief, the city council may from time to time hold a public hearing and adopt a resolution identifying streets where there are continuing criminal and nuisance activities that warrant closure of a street in accordance with California Vehicle Code § 21101.4.

(b) Prior to adopting a resolution identifying designated streets for temporary closure, the city council shall make the following findings:

(1) Serious and continuing criminal activity exists on designated streets within the city, which are recommended for temporary closure on weekends between the hours of 11:00 p.m. Friday night and 6:00 a.m. Saturday morning, and 11:00 p.m. Saturday night and 6:00 a.m. Sunday morning.

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

(3) Vehicular or pedestrian traffic on the designated streets contributes to the criminal activity of nighttime street racing; and

(4) The temporary closure of the designated streets will not substantially adversely affect traffic flow or safety of adjacent streets or streets in the surrounding neighborhoods, the operation of emergency vehicles, the performance of municipal or public utility services, or the delivery of freight by commercial vehicles in the area of the street proposed to be temporarily closed.

(5) A street may be temporarily closed pursuant to this division for not more than 18 months, except that the initial period may by extended for not more than five additional consecutive periods of not more than 18 months each if, prior to each extension, the city council holds a public hearing and finds by resolution that all of the conditions described in Vehicle Code § 21101.4(b) exist.

(Ord. No. 1443, § 1, 3-16-04)

(a) Vehicles parked on the designated streets during the time of temporary closure shall be towed in accordance with California Vehicle Code § 22651(n).

(b) Signs giving notice of the temporary closure shall be posted prior to enforcement of this section, pursuant to California Vehicle Code § 21103. Such signs shall be posted at all entrances to the closed streets. Signs at street entrances shall advise that a street is temporarily closed to vehicles and pedestrians; signs shall further advise that the closed street is a tow-away zone, that violators will be cited for a misdemeanor offense, that violators are subject to arrest, and that the maximum penalty is a $1,000.00 fine and/or six months in jail.

(c) With the exception of commercial vehicles making deliveries to and from commercial properties adjacent to the designated streets and individuals employed by businesses adjacent to the designated streets and showing identification, no person shall drive, stop, or park a vehicle, or be a pedestrian on a designated street, including the adjacent sidewalk, that has been temporarily closed. All individuals violating the temporary street closure of the designated streets are subject to arrest. Violation of this section constitutes a misdemeanor with a fine of $1,000.00 per violation. Any declaration of street closure made by the city council pursuant to this division shall be operative for an initial 18-month period, pursuant to California Vehicle Code § 21101.4(b), subject to additional extensions by the city council. Such extensions shall be adopted by separate resolution of the city council.

(Ord. No. 1443, § 1, 3-16-04)

(a) The city finds and determines that persons who are detained and taken into custody by police personnel for violating temporary street closures at the designated streets impose an extraordinary burden on department staffing and resources. Police officers supervising detained violators are unavailable to carry out police duties in the field, causing decreases in levels of police protection and public safety in the community. The purpose of this section is to defray the reasonable costs the city incurs to provide extraordinary police services to respond to, detain and supervise violators of temporary street closures.

(b) The violator of the temporary street closure shall be liable for a police services fee whenever the city's police personnel respond to, detain and supervise a violator of temporary street closures. The city council shall establish the amount of the police services fee by resolution.

(c) The police services fee charged to the violator of the temporary street closure shall be a debt to the city by the violator. Any violator owing to the city pursuant to this section shall be liable in an action brought by the city in its own name to recover such amount, including reasonable attorney's fees.

(d) The chief of police or his or her designee shall notify the finance department in writing of:

(1) The names and addresses of the violator;

(2) The date and time of the violation of section 17-516;

(3) The names of the police personnel who responded to, detained and supervised the violator; and

(4) The date that the violator was reprimanded by the court for the violation (if applicable).

The finance department may adopt administrative procedures for the purposes of enforcing the provisions of this section.

(e) Any violator who receives a bill from the finance department pursuant to this section may, within 15 days after receiving such bill, file a written request with the city clerk appealing the bill. The written appeal shall state the grounds for such appeal and the specific facts and basis for the appeal. The violator is deemed to have received a bill on the third day following the date that the finance department caused the bill to be placed in the United States mail. The city manager, or his or her designee, shall review any written appeal filed with the city clerk pursuant to this section and shall prepare a written decision on the appeal within 30 days from the date that the written appeal is received by the city clerk. All decisions by the city manager, or his or her designee, shall be final.

(Ord. No. 1443, § 1, 3-16-04)

(a) It shall be unlawful for any person to be knowingly present, on a street that is closed pursuant to this division during the restricted times indicated in subsection 17-515(b). Violations of this section shall be a misdemeanor. The city attorney, city prosecutor, or district attorney shall have the authority to prosecute any violation of this section as an infraction in the interests of justice. Additionally, the court may determine that the offense is an infraction in which the case shall proceed as if the defendant has been arraigned on an infraction complaint. Any fines imposed pursuant to this section shall be in addition to the police services fee established in section 17-517.

(Ord. No. 1443, § 1, 3-16-04)