RES 2000-2816 - Designate area on Park Ave from Leavenworth St to Ed Creighton Ave and on Leavenworth St from 20th to 36th Sts as no cruising area •
COAHA,
`i�►������ RECEIVED haw Department
gr,��a�rira Omaha/Douglas Civic Center
tj��';3�:;; 1819 Famam Street,Suite 804
z � 00 OCT `4 of 9 24 Omaha,Nebraska 68183 0804
(402)444-5115
4.4rFD EEea°`'�yry � ' [ }� Telefax(402)444-5125
0144 HA
City ma of Omaha ' `� Paul D.Kratz Hal Daub,Mayor City Attorney
• /O /i 7/ao
•
Honorable President
•
and Members of the City Council,
Cd C re h'b c1 e_n c,t.e, a n Gl. o,� L eave n.ccr�.
St vet; .. Zo 4k -Iv 3 lofk S-f cr ee.f5
Attached you will find a resolution to esignate as a no cruising area the portion of Park Avenue
from Leavenworth to o1 sr/_.Stfeets requested by Councilmember Robert Sivick for
consideration on the City Counci s agen a for October 17, 2000. •
Respectfully submitted,
4/4.; /&
/J. Mi ael Tesar D
Assistant.City Prosecutor
P:\LAW\9358maf.doc •
REQUEST TO LAW DEPARTMENT
RECEIVED For Law Department Use Only
TO: Paul D. Kratz, City Attorney 00P 23 AM 8. 4
Log Book #:
DATE: September 27, 2000 CITY CLERK Date Assigned:
OMAHA, 14 EBRASL ssigned to:
Answered/Sent Out:
Withdrawn:
REQUEST BEI G\MADE BY: On behalf of Councilmember Robert J. Sivick
Warren W 1 ouncil Staff Assistant 6298
(Name) (Department) (Phone)
TIME LINE (Due Date): Council Aaenda for October 17, 2000
(12 Working Days from Date Received by Law Department)
REQUEST FOR: Resolution to Designate "No Cruising" Area
(State Specifically What You Are Requesting)
DETAILS: (Do Not State "See Attached")
Councilmember Robert Sivick has reviewed Section 36-149 - Cruising (attached), and
wishes to amend the boundaries for "No Cruising" to include Park Avenue from
Leavenworth to Woolworth Streets.
Please place a Resolution on the Council Agenda for October 17, 2000, in accordance
with Section 36-149(a)2.
If there are any questions, please address them to Council Staff.
INFORMATION ATTACHED: YES X NO NONE AVAILABLE
wk
c: Councilmembers, City Clerk, Police Chief Don Carey, Public Works Director Don Elliott,
Traffic Engineer Charlie Krajicek, Council-Staff
§ 36-149 OMAHA CODE
Sec. 36-149. Cruising. point three times within a two-hour pe-
a) Definitions. riod,from 9:00 p.m. to 6:00 a.m.,Monday
through Sunday, in a posted no-cruising
(1) Cruising shall mean the operation of a area.
motor vehicle past a traffic control point (2) No violation shall occur except upon the
three times within a two-hour period, third passage by the same traffic-control
from 9:00 p.m. to 6:00 a.m., Monday point within the aforementioned two-hour
through Sunday, in a no-cruising area. period.
(2) No-cruising area shall mean Dodge Street (e) Penalty.
from 69th to 87th Street, and West Dodge '-
Road from 87th to 96th Street, or an area (1) In lieu of a fine or imprisonment under
so designated by the city council by reso- the general penalty provision, a person
lution, and posted to identify it as such. may be placed on probation for 120 days.
(3) T-affic-control point shall mean any point The probationary sentence shall require
or points within a no-cruising area estab- the individual to not operate a motor
fished by the police division for the pur- vehicle for 30 days within the city during
pose of monitoring cruising. the 120-day probationary period.
(b) Exceptions. This section shall not apply to: (2) The court shall immediately advise the
police department of the probationary re-
(1) Taxicabs, buses, or other vehicles being strictions.
driven for business purposes unless the (Code 1980, § 36-149)
intent is specifically for cruising.
(2) Authorized emergency vehicles as defined Sec. 36-150. Reserved.
in this Code. /
(c) Designation of no-cruising areas;posting of ARTICLE W. STOPPING, STANDING AND t•
signs. PARKING*
(1) The city council may, after public hearing DIVISION 1. GENERALLY
thereon, designate a no-cruising area if it
finds that cruising in the area contributes
to traffic congestion, noise and pollution; Sec. 36-151. Responsibility of owner for vi-
obstructs streets, sidewalks or parking olations.
lots; impedes access to and egress from If any vehicle is found upon any street or alley
shopping centers, stores or other build- or other area designated in accordance with sec-
ings open to the public; or interferes with tion 36-168 of this Code or in violation of any of
the use of property or conduct of business the provisions of this Code regulating the stop-
in the area adjacent thereto.
"'Cross references—Unlawfully abandoned, parked or
(2) At every point where a public street or stored vehicles, § 18-41 et seq.: parking motor vehicles at
alley becomes or provides ingress to a airport, § 28-157; lease of city-owned property for private
no-cruising area, there shall be posted a parking, §34-155 et seq.
State law references—Authority to regulate stopping,
sign which designates the area as a no-
standing and parking, R.R.S. 1943, § 60-680(a); stopping,
cruising area between the hours of 9:00 standing and parking generally,RR.S. 1943,§§60.6,164-60-
p.m. and 6:00 a.m., Monday through Sun- 6,169.
day. Annotation—An ordinance prohibiting any person having
control or charge of a vehicle to leave it on the streets
(d) Cruising prohibited. unattended without locking the ignition and removing the
(1) No person shall drive or permit a motor keys does not apply to an automobile parked on a dealer's
parking lot.The ordinance is limited to public streets rather
vehicle under his care, custody and con- than private property.Flannery v.Sample Hart Motor Co.,194
trol to be driven past a traffic-control Neb 244, 231 NW2d 339(1975).
Supp. No. 1 CD36:28
'
MOTION BY COUNCILMEMBER ""' A
I hereby move that Council Document No. a >/4t, Current Series, be amended as follows:
Change the words "Woolworth Streets" in the second WHEREAS paragraph to "Ed Creighton
Avenue".
Insert after the words "Ed Creighton Avenue" in the second WHEREAS paragraph the words
"and on Leavenworth Street from 20th to 36th Streets".
Change the words"Woolworth Streets"in the last paragraph to "Ed Creighton Avenue".
Insert after the words "Ed Creighton Avenue" in the last paragraph the words "and on
Leavenworth Street from 20th to 36th Streets".
APPROVED AS TO FORM:
t City Attorney
P:\Law1\1033sap.doc
1
y,
�� x
0
1
we • 0
CD \ 1
N Cr
CZ o
0.
O 0
q.
a,
C-25A
CITY OF OMAHA ,�C C)pis
LEGISLATIVE CHAMBER
Omaha,Nebr
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, Omaha Municipal. Code Section 36-149 which prohibits cruising
provides at 36-149(a)(2) "no cruising area shall mean Dodge Street from 69th to 87th Streets, and
West Dodge Road from 87th to 96 ' Streets, or an area so designated by the City Council by
resolution and posted to identify it as such"; and,
WHEREAS, the Council finds that cruising on Park Avenue from Leavenworth
Street to Ed Creighton Avenue and on Leavenworth Street from 20`h to 36th Streets contributes to
traffic congestion, noise and pollution; obstructs streets, sidewalks or parking lots; impedes
access to and egress from shopping centers, stores or other buildings open to the public; or
interferes with the use of property or conduct of business in the area adjacent thereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the City Council hereby designates the area on Park Avenue from
Leavenworth Street to Ed Creighton Avenue and on Leavenworth Street from 20th to 36th Streets
as a no cruising area and instructs that it be so marked.
P:\CC\5503pjm.doc APPROVED AS TO FORM:
TY ATTORNEY DATE
1
By
Councilmember
OCT 1. .-f o .a-a 6 -o
Adopted iodi2e ?..6.0,
i lerk
Approv *°
i„A. . /I,NG Mayor
`tt it P lr C - r '
o A , o.
b.
Cs 0
K A S N n, iC I �
L, 0 N CD CD " . l
Z `� O � V D C
.9V
K
° � = •
tl O _� C q o ' p �
( p nCD �
,.+ CD CD i \.
A Z
rn a
-+ o �
O vi °.FS cn
C
I
Q
......1‘,.... I.
-f