Sacramento Municipal Code Art. II Action by City Council

Pursuant to the authority of Vehicle Code Section 21101.4, the provisions of this article shall apply to and control the temporary closing of a street to through traffic. (Ord. 99-009 § 1; prior code § 38.15.200)

A. Initial Closure. The city council may temporarily close a street to through traffic after a public hearing, and upon adoption of a resolution finding that all of the following conditions exist:

1. There is serious and continual criminal activity in the portion of the street recommended for temporary closure. This finding shall be based upon the recommendation of the police department.

2. The street is under the city's jurisdiction and has not been designated as a through highway or arterial street.

3. Vehicular or pedestrian traffic on the street contributes to the criminal activity.

4. The closure will not substantially adversely affect traffic flow, safety on the adjacent streets or 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.

B. Extension of Closure. The city council may extend a temporary street closure previously approved in accordance with this chapter after a public hearing, and upon adoption of a resolution finding that all of the following conditions exist:

1. Continuation of the temporary closure will assist in preventing the occurrence or reoccurrence of the serious and continual criminal activity found to exist when the immediately preceding temporary closure was authorized. This finding shall be based upon the recommendation of the police department.

2. The street has not been designated as a through highway or arterial street.

3. Vehicular or pedestrian traffic on the street contributes to the criminal activity.

4. The immediately preceding closure has not substantially adversely affected traffic flow, safety on the adjacent streets or 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 that was temporarily closed. (Ord. 99-009 § 1; prior code § 38.15.201)

"Arterial street" means a street designated as an arterial or minor arterial street in the circulation element of the city's general plan or applicable community plan.

"Street" means a street, alley, way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular travel. "Street" includes highway, as that term is defined in the California Vehicle Code.

"Temporary" means no longer than eighteen (18) months, except that period may be extended for not more

than eight additional consecutive periods of not more than eighteen (18) months each as provided in this article.

"Through highway" means a through highway, as that term is defined in Vehicle Code Section 600. (Ord. 2010-026 § 1; Ord. 99-009 § 1; prior code § 38.15.202)

Any person may request the city manager to study temporary closure or the extension of a temporary closure of a street or streets, and make his or her recommendation to the city council for action under this article. (Ord. 99-009 § 1; prior code § 38.15.203)

A. Initial Closure. The following information and documentation shall be included in the request to the city manager:

1. An exact description of the limits of the street(s) to be closed and the proposed method of closure.

2.a. Documentation from the Sacramento police department indicating that the area of the proposed street closure suffers from serious and continual criminal activity that is contributed to by vehicular or pedestrian traffic; and

b. A recommendation from the police department that the proposed temporary street closure be implemented because that action would substantially alleviate the serious and continual criminal activity in the area.

3. Verification from the public works department that the street closure proposed does not include a through highway or an arterial street, and that the proposed street closure allows adequate and safe traffic circulation on adjacent streets.

4. Verification from the fire department that the proposed closure will not adversely impact their operations or safety in the surrounding neighborhoods.

5. Any other information and documentation requested by the city manager in his or her sole discretion.

B. Extension of Closure. The following information and documentation shall be included in the request to the city manager:

1. An exact description of the limits of the street(s) where extension of the temporary closure is requested.

2.a. Documentation from the Sacramento police department indicating that the area where extension of the temporary closure is requested suffers from serious and continual criminal activity that is contributed to by vehicular or pedestrian traffic; and

b. A recommendation from the police department that the temporary street closure be continued to assist in preventing the occurrence or reoccurrence of the serious and continual criminal activity in the area found to exist when the immediately preceding temporary closure was authorized.

3. Verification from the public works department that the street where extension of the temporary closure is requested is not a through highway or an arterial street, and that the immediately preceding closure allowed for adequate and safe traffic circulation on adjacent streets.

4. Verification from the fire department that the immediately preceding closure did not adversely impact their operations or safety in the surrounding neighborhoods.

5. Any other information and documentation requested by the city manager in his or her sole discretion. (Ord. 99-009 § 1; prior code § 38.15.204)

If the proposed street closure requires construction of temporary closure improvements such as fencing, gates, guard booth, or lighting, in the public right-of-way by a private entity, a revocable encroachment permit and an excavation permit must be obtained from the public works department. The revocable encroachment permit must be issued simultaneously with the approval of the street closure by the city council. The excavation permit, if required, may be issued subsequent to city council approval of the temporary closure, but must be obtained prior to actual closure of the street(s). The city manager, in his or her discretion, may waive the fees required for these permits. (Ord. 99-009 § 1; prior code § 38.15.205)

At least ten (10) calendar days before the public hearing required under Section 12.16.170 of this chapter, a notice of the time, date and place of the hearing, including a general description of the area affected, shall be mailed to all residents and owners, as shown on the last equalized assessment roll, of property adjacent to the portion of street where a temporary closure or extension of a temporary closure is proposed. This notice shall also be published in both of the following ways:

A. At least once in a newspaper of general circulation, published and circulated in the city; and

B. Conspicuously posted along the line of the streets to be temporarily closed. The notices shall be posted not more than three hundred (300) feet apart, but at least three notices shall be posted.

Substantial compliance with these provisions for notice shall be sufficient, and a technical failure to comply shall not affect the validity of any action taken according to the procedures in this article. (Ord. 99-009 § 1; prior code § 38.15.206)