331.44 CRUISING.
   (a)   Definitions.
      (1)   "Cruising" means driving a motor vehicle on a street past a traffic control point, designated by a police officer, under conditions in which traffic is congested at or near the control point, three or more times within any two- hour period, from 10:00 p.m. to 4:00 a.m. Passing the control point a third time under the same conditions stated herein shall constitute cruising and therefore a violation of this section.
      (2)   "Traffic control point" means a reference point on a street in the area selected by a police officer for the purpose of enforcing this section.
   (b)   Cruising Prohibited. No person shall cruise. For the purposes of this prohibition, the person having care, custody or control of a motor vehicle shall be considered the person cruising regardless of whether that person was actually driving the motor vehicle.
   For the purpose of this section, the person having "care, custody, or control of a motor vehicle" shall mean either the owner of such vehicle, if present in the vehicle at the time of the violation, or, if the owner is not so present, the person or persons having the owner's express authority to use the vehicle.
   (c)   Exclusions. This section shall not apply to official emergency or police vehicles, licensed taxicabs for hire, or other business vehicles being driven for business purposes, and for residents of the area traveling to a specific destination.
   (d)   Penalty. Whoever violates this section is guilty of a minor misdemeanor and shall be fined twenty-five dollars ($25.00).