5128-91ORDINANCE NO. 5128-91
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO VEHICULAR TRAFFIC; CREATING CHAPTER 125,
CODE OF ORDINANCE, CONSISTING OF SECTIONS 125.01 THROUGH
125.07; RESTRICTING THE PRACTICE OF "CRUISING," OR
UNNECESSARY REPETITIVE DRIVING, ON CERTAIN STREETS TO BE
DESIGNATED PURSUANT TO THIS ORDINANCE; PROVIDING FOR
FINES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR THE
AUTOMATIC REPEAL OF THIS ORDINANCE AS OF MAY 1, 1992.
WHEREAS, the City Commission adopted Ordinance 5098-91 on May 16, 1991, as
amended by Ordinance 5104-91 on June 20, 1991, to control the practice of
"cruising," or the unnecessary and repetitive driving of motor vehicles on
certain streets, as a temporary or experiment regulation with an October 1, 1991,
expiration date; and
WHEREAS, the City Commission finds that the uncontrolled practice of
cruising creates a substantial backup of traffic, interferes with the orderly
flow of pedestrian and vehicular traffic, impedes the movement of emergency
service vehicles, pollutes the air, and otherwise endangers the public health,
' safety and welfare of the residents of the City of Clearwater and their guests
and business invitees, resulting in a substantial expenditure of public funds to
insure the protection of public health, safety and welfare; and
WHEREAS, Section 316.008(1)(t), Florida Statutes, permits the adoption and
enforcement by local authorities of temporary or experimental regulations as may
be necessary to cover emergencies or special conditions; and
WHEREAS, the problems caused by uncontrolled cruising rise to the level of
emergencies during certain hours and at certain times, and the City Commission
finds and declares that the regulations set forth in this ordinance constitute
the kind of temporary or experimental regulations authorized by Florida law to
cover such emergencies and special conditions; and
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WHEREAS, because Ordinance 5098-91, as amended, was not in effect during
the annual phenomenon known as "spring break," the regulations set forth in the
ordinance have not been tested during the time of the year when the problems
caused by uncontrolled cruising are at their peak, and the City Commission finds
and declares that the reenactment of the regulations as set forth herein for a
limited period of time is necessary in order to give the regulations a proper
test; now, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
CLEARWATER, FLORIDA:
Section 1. Chapter 125, Code of Ordinances, consisting of Sections 125.01
through 125.07, is created to read:
CHAPTER 125, CRUISING CONTROL
Sec. 125.01. Short Title.
This chapter shall be known and may be referred to as the "City of
Clearwater cruising control ordinance."
Sec. 125.02. Definitions.
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For the purpose of this chapter, the following definitions shall apply:
(a) "Congested traffic" means traffic on any public street which is
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(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
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(3) Motor vehicles cannot readily move forward on portions of the public
street between intersections with other public streets because traffic speed is
slowed to less than five miles per hour, where the delay in forward movement is
due to the position of other motor vehicles.
(b) "Cruising" means driving a motor vehicle on a designated street past
a traffic control point two or more times in any four hour period, following a
determination that a state of congested traffic exists and during the time in
which the city manager, the police chief, or the designee of either, shall have
posted a designated street with signs informing the public that the street is
subject to regulation under the City of Clearwater cruising control ordinance,
or permitting a motor vehicle to be so operated. The operation of a motor vehicle
past a traffic control point under the aforesaid conditions, after notice as
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provided herein, shall constitute unnecessary repetitive driving and thereford
a violation of this ordinance.
(c) "Designated street" means any one or more public streets designated
as such pursuant to this ordinance; provided, that no portion of a state highway
shall be included as a designated street. Any street so designated shall be
clearly marked with signs advising the public that the street is subject to
regulation under the City of Clearwater cruising control ordinance.
(d) "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 the
red light.
(e) "Traffic control point" means a clearly identified reference point
on a designated street, as determined and marked from time to time by the Police
Department.
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Sec. 125.03. Cruising prohibited.
No person shall engage in unnecessary repetitive driving, also known as
"cruising" as defined in Section 125.02, while operating a motor vehicle, and no
person shall permit another to engage in cruiIsing while operating a motor vehicle
under his or her care, custody and control, after notice as described in section
125.04.
Sec. 125.04. Notice.
(1) Upon observation that a motor vehicle has been operated on a
designated street past a traffic control point two or more times following a
determination that a state of congested traffic exists and during the time in
which the designated street has been posted as provided herein, the vehicle shall
be stopped at the time of or after the second or subsequent observation for the
purpose of giving notice to the operator and to each passenger in the vehicle.
The notice, which may be orally or in writing, shall inform the operator and
passengers that this ordinance is in effect, and that a subsequent operation of
the vehicle past a traffic control point within four hours after the initial
observation of the vehicle shall constitute a violation of this ordinance. The
notice shall include a brief and general description of the designated streets
or the area containing the designated streets, and a description of the fine
which may be imposed upon conviction.
(2) Because the operation of a motor vehicle past a traffic control point
after issuance of the notice described herein constitutes the offense of
violating section 125.03, a citation shall be issued to the actual operator of
the motor vehicle at the time the offense occurs if the operator was the operator
or a passenger in the motor vehicle at the time of the issuance of the notice.
It shall be immaterial whether the operator at the time the offense occurs
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actually operated the motor vehicle each time it passed the traffic control
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point.
(3) At the time a motor vehicle is stopped to give the notice described
in this section, and at the time a motor vehicle is stopped after the giving of
such notice, and prior to issuing a citation to the operator of the motor
vehicle, the officer shall afford the operator or a passenger in the motor
vehicle an opportunity to explain his or her conduct. No person shall be
convicted for violating section 125.03 if it appears at trial that the
explanation given was true and disclosed a lawful purpose, and that the lawful
purpose did not constitute unnecessary repetitive driving. Refusal by the person
to explain his or her conduct to the officer shall not be deemed an element of
the offense or evidence establishing probable cause that the person has violated
this section, nor shall such refusal be admissible against the person in a trial
of the offense.
Sec. 125.05. Exclusions.
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Section 125.03 shall not apply to:
(1) Any public service, police, fire, emergency, or other governmental
vehicle or any ambulance when operated in an official capacity; or
(2) Any licensed public transportation vehicle or any vehicle utilized
for business or commercial purposes, when operated for such purposes.
Sec. 125.06. Designation of streets. The city manager, the chief of
police, or the ranking police officer on duty in the police district is
authorized to designate a public street, other than a state highway, as a
designated or "cruising restricted" street upon a determination that a state of
congested traffic, as defined in Section 125.02, exists. Such designation shall
include any portion of the street within which the congested traffic condition
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is found to exist. Upon the designation of a public street as a designated or
"cruising restricted" street, the police department shall post or cause to be
posted notices to the public to such effect, and shall establish one or more
traffic control points to identify the vehicles being operated upon the
designated street.
Sec. 125.07. Penalty; Enhanced Penalties for Repeat Offenses.
(1) Any person violating Section 125.03 shall, upon conviction, be subject
to the imposition of a fine in accordance with the Pinellas County Uniform Fine
Schedule for Local Ordinance Violations, as established by administrative order
of the County Court for Pinellas County, as the same may be amended from time to
time. As of the date of adoption of this ordinance, a violation of this
ordinance is a Class V violation, for which the penalty is a $10.00 fine plus
$20.00 costs, or $30.00.
(2) A second violation of this ordinance within 24 months following a
violation of this ordinance by the same offender shall be punishable by the
penalty prescribed for the classification level one class above the
classification level for the first offense. For the third and subsequent
violations of this ordinance by the same person within the period of 24 months
following the first violation of this ordinance, the offense shall be punishable
by the penalty prescribed for the classification level one class above the
classification level prescribed for the previous violation as provided by the
Pinellas County,Uniform Fine Schedule for Local Ordinance Violations, according
to the following schedule:
Class Fine Casts Total
Initial offense: V 10.00 20.00 30.00
Second-offense: IV 35.00 20.00 55,00
Third offense: Ili 60.00 20,00 80.00
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Fourth offense:
iI 110.00 20.00 130.00
Fifth and subsequent
offense: I 135.00 20.00 155.00
(3) In the event that the Pinellas County Uniform Fine Schedule for Local
Ordinance Violations is amended after the adoption of this ordinance, the fines
and costs as set forth in the amended schedule shall be applicable to any
violation of this ordinance.
Section 2. This ordinance shall take effect as of 12:01 a.m. on October
1, 1991.
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Section 3. This ordinance shall stand repealed and. shall have no further
effect as of 12:01 a.m. on May 1, 1992; however, the City Commission reserves the
right to readopt the provisions set forth herein, with such amendments as the
City Commission may determine to be appropriate, in a nonemergency ordinance
before or after such date.
PASSED ON FIRST READING September 5, 1991
PASSED ON SECOND AND FINAL
READING AND ADOPTED
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Attest:
Cyn i s E . Go Beau
Cit Clerk
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Mayor-Commissioner 01-1
Approved as to form and correctness:
U'tzt? C1
J September 19, 1991
M. A. Galbrait
City Attorney