Loading...
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 is 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 t 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. I 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. 2 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 � ) p p 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: s. e, Tx 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 3 I " 02' ' i I 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 ( 1 g 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 I, 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. 4 i 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. 99 c r , 1 7 x,. PASSE b , IPSO PEADINU E__byu ry ��_�.. .� PASHr D ON SECOND AND FINAL AI. ; AP ADOPTED i �z h 3 19 i 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 i I I, 5 II