(a) For the purpose of this section, the following words and phrases shall have the meanings respectively ascribed to them:
(1) “Cruising” means the repetitive driving of any motor vehicle past a traffic-control point more than once from dusk until dawn in traffic which is congested at or near the traffic-control point.
(2) “Congested traffic” has the following meanings:
A. Traffic on any public street, alley, or highway which is delayed to the point that:
1. Motor vehicles cannot move through a 100-yard approach corridor to an intersection controlled by a traffic light within two complete green light cycles where the delay in forward movement is due to the position of other motor vehicles; or
2. Motor vehicles cannot move through a 100-yard approach corridor to an intersection controlled by a traffic light, stop sign, or yield sign within a five minute period of time where the delay in forward movement is due to the position of other motor vehicles; or
3. Motor vehicles cannot readily move forward on portions of public streets, alleys or rights-of-way between intersections because traffic speed is slowed to less than five miles per hour, and the delay in movement is due to the position of other motor vehicles.
B. The determination that a street, alley or highway is congested shall be made by the ranking peace officer on duty within the affected area.
(3) “Green light cycle” means the period commencing upon the switching of a traffic light from a red light to a green light through to the return of a red light.
(4) “Traffic-control point” means a location along a public street, alley, or right-of-way utilized by a peace officer on duty within the affected area as an observation point in order to monitor traffic conditions for potential violations of this section.
(b) No person shall operate or permit a motor vehicle under his or her care, custody, or control to be driven in such a manner so as to constitute cruising.
(c) This section may be enforced in any area which has been posted as a “no cruising zone.” “No cruising” signs or signals shall be posted at reasonable intervals along any public street, alley or right-of-way or portion thereof which is a “no cruising zone.” The Mayor is hereby authorized to designate “no cruising zones” in which it is found that conditions of congested traffic exist.
(d) Nothing in this section shall apply to: taxi cabs for hire, buses, authorized emergency vehicles, vehicles used under contract with the city, or other vehicles being driven solely for business purposes while engaged in delivery services.
(e) Whoever violates this section is guilty of a misdemeanor of the fourth degree for the first offense and is guilty of a misdemeanor of the third degree on each subsequent offense, and the motor vehicle being driven at the time the citation is issued for a subsequent offense may be impounded for up to 48 hours.
(Ord. 96-63, passed 8-22-1996)