(A) Short title. This section shall be known and may be cited as the “cruising ordinance.”
(B) Purposes and findings.
(1) Purposes. The purpose of this section is to increase emergency vehicle and police access to certain areas (“no cruising zones”) by enhancing the orderly and unobstructed flow of motor vehicle traffic throughout such areas. This will be accomplished by:
(a) Reducing traffic congestion caused by an increased volume of motor vehicle traffic participating in repetitive transit throughout such areas;
(b) Reducing the likelihood of preventable mishaps and crises arising from an inability of police and emergency personnel to respond to locations within such areas due to excessive traffic congestion caused by cruising;
(c) Enhancing police and emergency personnel response time to such areas by reducing the excessive traffic congestion caused by cruising; and
(d) Increasing access by members of the general public to such areas, which access is currently restricted due to unnecessary traffic congestion arising from cruising.
(2) Findings. In determining that a need exists for this section, the City Council finds and determines as follows.
(a) Cruising and the resulting gridlock of traffic have created significant problems in gaining access to certain areas, (“no cruising” zones), not only for the general public, but more importantly for emergency vehicles.
(b) Incidents have occurred in which the police department has been delayed in responding to police incidents and emergencies because of the traffic congestion resulting from cruising.
(c) Incidents have occurred in which fire department and emergency medical personnel have been delayed in responding to medical emergencies because of traffic congestion resulting from cruising.
(d) The inability of the Police Department to respond within a reasonable time to police incidents and the inability of the Fire Department to respond within a reasonable time to fire alarms or calls for medical help could result in a great loss of life and property.
(e) It is in the interest of the public health, safety and welfare to resolve the cruising problem in order to provide freer access to such areas by emergency vehicles and the general public.
(C) Definitions. For the purposes of this section, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular; and words in the singular number include the plural. The word “shall” is always mandatory and not merely directory. In this section:
CRUISE or CRUISING. To operate a motor vehicle, or to permit the operation of a motor vehicle under one’s care, custody or control, so as to pass the same traffic control point within a no cruising zone three times within any two-hour period.
TRAFFIC CONTROL POINT. Any point established by the Chief of Police within a no cruising zone for the purpose of monitoring cruising.
(D) Violations. A person commits an offense under this section, if:
(1) Between the hours of 9:00 p.m. and 3:00 a.m., on any day of the week; and
(2) He or she cruises, as defined herein.
(E) Enforcement. A citation shall be issued under this section any time after a police officer has determined that the driver of a vehicle has passed a traffic control point more than three times within a two-hour period.
(F) Affirmative defenses. It shall be an affirmative defense to prosecution under this section that the motor vehicle was:
(1) Owned by a municipality, a county, the state or the United States government;
(2) An emergency or conspicuously marked public safety vehicle;
(3) A licensed public transportation vehicle; or
(4) A vehicle being used for business purposes and verification of this business was provided.
(G) Demarcation of the “no cruising zone.”
(1) The City Traffic Engineer shall mark a “no cruising zone” by conspicuously posting appropriate signs at each entrance to the zone.
(2) A “no cruising zone” requiring demarcation shall consist of an area described in division (C) above.
Penalty, see § 70.999