Section 21101.4 Of Article 3. Local Regulation From California Vehicle Code >> Division 11. >> Chapter 1. >> Article 3.
21101.4
. (a) A local authority may, by ordinance or resolution,
adopt rules and regulations for temporarily closing to through
traffic a highway under its jurisdiction when all of the following
conditions are, after a public hearing, found to exist:
(1) The local authority finds and determines that there is serious
and continual criminal activity in the portion of the highway
recommended for temporary closure. This finding and determination
shall be based upon the recommendation of the police department or,
in the case of a highway in an unincorporated area, on the joint
recommendation of the sheriff's department and the Department of the
California Highway Patrol.
(2) The highway is not designated as a through highway or arterial
street.
(3) Vehicular or pedestrian traffic on the highway 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 highway proposed to be
temporarily closed.
(b) A highway may be temporarily closed pursuant to subdivision
(a) for not more than 18 months, except that this period may be
extended for not more than eight additional consecutive periods of
not more than 18 months each if, prior to each of those extensions,
the local authority holds a public hearing and finds, by ordinance or
resolution, 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 and
determination shall be based upon the recommendation of the police
department or, in the case of a highway in an unincorporated area, on
the joint recommendation of the sheriff's department and the
Department of the California Highway Patrol.
(2) The highway is not designated as a through highway or arterial
street.
(3) Vehicular or pedestrian traffic on the highway 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 highway
that was temporarily closed.
(c) The local authority shall mail written notice of the public
hearing required under subdivision (a) or (b) to all residents and
owners, as shown on the last equalized assessment roll, of property
adjacent to the portion of highway where a temporary closure or
extension of temporary closure is proposed.