5542-94 ORDINANCE NO. 5542
AN OR,D 14ANCE OF THE CITY OF CLEARWATER, FLORIDA,
RELATING TO VEHICULAR' TRAFFIC; CREATING'' ARTICLE VI,
CONSISTING OF SECTIONS 30.171 THROUGH 30.177;
RESTRI'C'TING THE PRACTICE OF "CRl1ISING, ' OR UNNECESSARY
REPETITIVE DRIVING, ON CERT ,IN STREETS TO E DESIGNATED
PURSUANT TO THIS ORDINANCE, PROVIDING FOR FINES;
PROVIDING AN'EFFECTIVE DATE; PROVIDING FOR THE AUTOMATIC
REPEAL OF THIS ORDINAHR;E AS OF ,TUNE I , 199 • .
WHEREAS,' the y Cit Commission finds that the uncontrolled practice of
cruising:, " or the, unnecessary and repetitive driving of rotor vehicles on
certain streets, (!as> defined more particularly herein) , creates a substR`ntial
backup of traffic, 'interferes with the orderly flow of, pedestrian and veh �ular
traffic, impedes the movement of emergency service vehicles, pollutes the air,
and otherwise ieradgers the public health, safety and welfare of the res ide nts
of the City of Clearwater and their guests and business invitees, resulting in
a substantial expeltiditure of public funds to insure the protection of public
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health, safety and welfare; and
WHEREAS, Section 316.008(1)(t) , Florida Statutes; permits the adoption and
by 10 temporary or experimental regulations as �:a
y enforcemen
be necessary to, cover emergencies or special conditions; and
WHEREAS the 'problems caused by uncontrolled cruising rise to the level of
emergencies dur:in(l '.raertain hours and at certain times, and the City Comm ission
finds and declares that the reoulations set forth in this ordinance constitute
the kind of tem oyl or experimental regulations authorized by Florida law to
cover such emergencies and special conditions; now, therefore,
HE 'IT ORDAINED BY THE CITE' COMMISSION OF THE CITY OF
LLEAR44Al"ER, ;FLORIDA:
Section 1,. Article 'JI , Code of Ordinances, consisting of Sections 30.171
through 30.177 , is created to read:
ARTICLE VI . CRUISING CONTROL
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tl..I L E.
and may be ref erred to as the "C; t of
This arL7cle shall be known y y
Clearwater cruisii,ig control ordinance."
Sec. 30'•17Z•` Definitions.
For the purpose of this chapter, the following definitions shall cppply
(a) "Congested traffic" means traffic an any public street whiff ch is
delayed to the point that:
i} Motor ve Mc aes cannot mote through a 10 —R ar£ arpr oatch cars drr t
an intersection conx,r c l Eon by a t"aff :c light within two complete green Il ight
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 peHod of tine, where the delay in forward movement is due to the
'Position of other motor 'venicles° or
Motor i1ohic ies cannot readily move forward can potions of the prabl is
street between ipters.ections with other public streets because traffic speed is
slowed to 'less than five miles per hour, where the delay in 'forwar°d movement is
due to the pos'i t i olp` of either motor' vehicles.
(b) isin( means driving a motor vehicle on a designated street past
a traffic contral 1 pint two or more tires in any four hour period, following a
determination that a state of congested traffic exists and during the time in
vFh icl the city rrianc @er, 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 ordirance,
or permitting a Motor vehicle to be so operated, The operation of a motor vehicle' .
past a traffic coilitrol point under the aforesaid conditions; after 'notice as
provided nereinj shell constitute unnecessary repetitive drivinq and therefore'
a violation of this' ordinance.
(c) "Designated street" means any one or more public streets desiccated
as such pursuant tea this ordinance; provided, that no portion of a state highway
shalt be included 4s a designated street. Any street so designated shall be
clearly marked with signs advising the public that the street is subjelct to
regulation under the City of Clearwater cruising control] ordinance.
(d "Creed light cycle" means the period commencing upon the switching'
of a traff i c 1 i g;ht from a red light to a green light through to the return cpf the
red light.
n " clearly pint
of ends
(e� ' Traffic control point means a �. �early �dent�f�..d r. er Ip
on a designated street, as determined and maned from time to time by the idol ice
Department.
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Sec. 30.17 3- Cruising ;'preh ilb iced.
No person srrali engage in unnecessary repetitive driving, also known as
"cruising" as de rni d in Section '30.1.72, while operating a motor vehicle, and no
person shall pe', gmit another to engage in cruising while operating'a motor vehicle
under his or her care, custody and control , after, notice as described in section
30.1.74.
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1 Upon observation that a motor vehicle has been operated on a
designated street past a traffic' control point two or more tires fo1lciw ng a
determination that a state of congested traffic exists and during the time
which the designated street has been posted as provided herein, the vehicle shall
Oe stopped at t-hel 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 poMt within four hours after the initial
observation of :6e vehicle shall constitute a violation of this ordinancf The
notic- shat 1 irlcilu'de a 'brief' and general description of the designated streets
or the area contaning the 'designated streets, and a description of the fine
which may be imposed upon conviction.
Becagase the operation of a motor vehicle,past a traffic control point
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after issuance of the notice described herein constitutes the offe se of
violating section 0.173, 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 ofifenseloccurs
actually operated i.he motor vehicle each time it passed' the traffic control
point;
(3) At'the time a motor vehicle is stopped to give the notice described ,
in this ;section, and at the time a motor vehi -le' is stopped after the 9iy,ing of
such notice, and prior to �ssu�ng a` c'tat�on to t<he operator of, he motor
vehicle, the pff,icer shall afford the operator or a passenger, in the motor ,
vehicle an opportunity to explain his or her conduct. No person shlall be
convticted for violating section 30.173 if it appears at trial that the
explanation given was true and disclosed 'a lawful purpose, and that thellawful
purpose did not constitute unnecessary repet itivn driving. ''Refusal by the person
to explain his; or 'her conduct to the officer shall not be deemed an elerent, of
the offense or !ev!idence`establishing probable cause that the person h ''as v dated
this section, hor shall' such' refusal be admissible against the person in trial
of the offense:
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clus�'o n
Sec.. . 3D.x.75
Section 301173 shall not apply to:
(1) An y public service, police, fire, emergency, or other goverlhmental
vehicle or any ambulance when operated in an official capacity; or
(2) Any licensed public transportation vehicle or any vehicle ul`tilized
for business or l:ommercial purposes, when operated for such purposes.
Sec. 30.176. Designation of str+eets.
The city mania.ger, the chief of police, or the ranking police officer on
duty in the police district' is authorized to designate a public street, other
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than state � �aa , as a designated or "cruising restricted" street upon a
determination that : a state of congested traffic, as defined in Section 3( .172
exists.' Such desi;gnai ion shall include any portion of the street within whIci the
congested traffic condition is found to exist 0pon the designation of a public
street as a design ted �r "�rdisinj restricted" street, the police department
shat l ` post'' or cause to be posted notices to 1-he' public to such effect, and , h.al l
establish, one or morb traffic control points to identify the vehicles being
operated upon the designated street.
Sec. 30,177. Penalty ; Enhanced Penalties for' Repeat Offenses.
JI ) Any person violating Section 30.173,shal1 , upon conviction, be subject
to the impositi'oh of a fine in accordza,ice with the Pinellas County Uniform Fine,
Schedule for Local Ordinance Violati6ns, as established by administrative order
of the County Court for P Biel las County, as the sane may be amended s ream tine to
time. As of the elate 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
$20.0 costs, or' '00.00.
2 A second' violation of this ordinance within 24 months follow`n a
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violation 'of thjs 6rdinance by the ' same offender shall be punishable �by the
penalty prescribed for the classification level one class above the
clasbification ; leviel 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 shad be punishable
by the ,penalty Prescribed for the classification level one class above the
classification level prescribed for the previous violation as provided b: the
Pinellas County Uniform Fine Schedule for Local Ordinance Violations, according
to the followings hedule:
Class Fine Costs Total
Initial offensc : V 10.00 20.00 30.00
Second offense: �V 35.00 20.00' 55.00
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Third offense: III 60!.00 20.00 80.00
Fourth offense: II 110.00 20,00 130.00
Fifth and subsequent l
offense: I 135.00 ; 20.00 155.00
(3) In the event that the Pixel las County uniform Fine Schedule for (Local
Ordinance Violat'iohs is amended ni=ter the adoption of this ordinance, ;the ines
and costs as set 'forth in the amended schedule shall be applicable t( any;
iolation of this or,`dinance.
Section 2. This ordinance shall take effect as of 12:01 a.m. on March 5,
1994.
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to 4 s�o + < '�"g�!z o d .Thasnce sha� 1 stand Y'epeageu` an shat have t ' Fur'
effect as of . 2,01.,.a.m. on June 1 } 1994.
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PASSE b , IPSO PEADINU E__byu ry ��_�.. .�
PASHr D ON SECOND AND FINAL
AI. ; AP ADOPTED i �z h 3 19
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Rita Garv�y
Mayor-Commissioner
Attest:Attest:1 Approved as to form and correlctoess:
Cyn i E. ouct��al1. A. G urait J .
Cit Clerk City Attorney
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