5868-95 AN ORDINANCE OF THE CITY OF CLEAR WATER,
30M1 THROUGH 30 . 177; RESTRICTING CTING THE
PRACTICE OF -CRUISING, '' OR UNNECESSARY
REPETITIVE DRIVING, ON CERTAIN STREETS TO BE
DESIGNATED PURSUANT TO HIS ORDINANCE;
PROVIDING FOR FINES; PROVIDING AN EFFECTIVE
WHEREAS, the City Commission finds that the uncontrolled
practice of "cruising, " or the unnecessary and repetitive driving
of 'motor vehicles on certain. streets (as defined more particularly
herein' , creates a substantial backup of traffic, interferes with
the orderly l flow of pedestrian and vehicular traffic, impedes the
movement of emergency service vehicles, pollutes the _r, and
otherwise endangers the public health, safety and welfare of the
residents of they 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;
WHEREAS, Ordinance No. 5542-94 was automatically repealed on
June 1 1994 pursuant to section 3 of said Ordinance; and
WHEREAS, the City Commission finds that the re-adoption of the
provisions of said Ordinance will contribute to the public health,
safety and welfare; tow, therefore,
BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF CLEAR AI:ER, FLORIDA:
Sgctiog Article V!, Coda of Ordinances, consisting of
Sections 30 .171 through 30. 177 , is created to read:
ARTICLE VI . CRUISING CONTROL
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Sec. 30.171. Sort Title.
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This article shall be known and may be referred to as the
"City of Clearwater cruising control ordinance. ''
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Sec. 30.172. Definitions.
For the purpose of this chapter, the following definitions
shall apply:
1) "Congested traffic" means traffic on any public street
which is delayed to the point that.
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ea) M for vehicles cannot _"i`ove through 100-yard ap-pr_oach
corridor to an intersection contra I ed by 4, traffic "light, within
two complete ;green light cycse�s, where the delay ia,, fori;ward
-movement is due to the of lithe , -moil-. 3r vehicle-.w. or
k Mme2,''; r v ehic.3e s move through a 100-yard r po,,, : ;>r r^
col r__, or to an intDrsecti3 n controlled by a traffic ` ig -; sa..op
sign, or -,,7J`.e1d sign with-in a five-minute period of time, w'"'e°`e the
delay in for-,4 ird Irplo ement is due to the position of other nl l`':+ ?_
vehic"Les ; max.
(c) Mrtez vehicles cannot readily move forward on portions of
the public stiree v between intersections with ether public streets
because traffic speed is slowed to less than five miles per hour,
here the delay in forward movement is due to 'the ;position of other
motor vehicles .
(2); "Cruising"' means dr ivinq a motor vehicle on a designated
street past a traffic con troll point two or more times in any four
hour period, following a -ietermi_nation that a state of congested
traffic exists and during the time in which the city manager, the
police chief, or the deL�ignee 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 Lander
the aforesaid conditions , after notice as provided herein, 'vshal:l
constitute unnecessary repetitive driving and therefore a violation
of this ordinance.
( 3) "Designated street" means any one or more public streets
designated as such pursuant to this ordinance; provided, that no
portion of a :Mate 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.
(4 ) a1E. ercxencv" means an unforeseen combination of
circumstances resulting in a situation that requires imimed .ate
attention to care for or prevent serious bodily injury, loss of-
life, or significant property loss. The term includes, but is not
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(5 s "Green light cycle_$ means the period commencing upoor, the
switching of E> traffic light from a red light to a green :light
through to the return of the red light .
(6 ) 11'Lawful pug:posell ;means the following:
1 «Iwolved in can ei-.n 'rgenc°y
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(b) Traveling directly to or from an activity that involves
the exercise of rights protected under the First Amendment of the
United States Coul"itution;
(c) Traveling directly to or returning directly from lawful
employment; or
(d) Traveling directly between home or place of residence and
a school-sponsored function, a religious function, or a function
sponsored by a civic organization.
17) "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.
Sec. 30.173. Couising prohibited.
No person shall engage in unnecessary repetitive driving, also
known as "cruising" as defined in Section 30.172 , while operating
a motor vehicle, and no person shall permit 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 .174.
Sec. 30.174. 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 moror vehicie past a traffic
control point after issuance of the notice described herein
constitutes the offense of violating section 30 . 173 , a citation
shall be issued to the actual operator of the motor vehicle at the
ti mca 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 actually operated the motor vehicle each time it
passed the traffic control point..
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3 ) :'^ t the time r'3 motor vehicle is stopped to give the notice
described in this section, and at the time a motor vehicles is
stopped after the giving of such notice, and prior to issuiNg a
citation to the operator of the motor vehicle, the officer stall
afford the operator or a passenger in the motor vehicle an
opportunity to explain any lawful purpose for his or her condi Y.
No person shall be convicted for violating section 30 . 173 it it
appears at trial that the explanatio n given was true and disclosed
a lawful purpose, and that the :lawful purpose did not constitute
unnecessary repe=titive driving. Refusal by the person to explain
his or her conduct to the officer small 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. ,30.175. Exclusions.
Section 50. 173 shall not apply to:
( ?) Any public service, police, fire, emergency, or other
governmental vehicle or any ambulance when operated in an official
capacity;
(2) Any licensed public transportation vehicle or any vehicle
utilized for business or commercial purposes, when operated for
such purposes; or
(3) An operator or passenger of a vehicle when the operator
or passenger is engaged aged i n as lawful purpose
.Sec. 30.176. Designation of streets.
The city manager, the <chief of police, or the ranking police
officer can duty in the police district is authorized to designate
a public street, rather than a Mate highway, as a designated or
"cruising restricted" street upon a determination that a state of
congested traffic , as defined in Section 30 ..172 exists. Siich
designation seall include any portion of the street within which
the congested traffic condition is found to exist. Upon the
designation cif a public street as a designated or eacrui.sinq
restricted" street the police department shall-1. post or c:auc- to be
posted notice's to the public to such effect, and shall establish
one or more traffic control paints to identify the vehicles tieing
operated upon: the designated street.
Sec. 30...1 77. Penalty; Enhanced Penalties for Repeat Offenses.
1 ) Any person violating Section 30 . 173 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
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Court for Pinellas County, as the same may be amended It= 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 cost;, or $30.00.
(2) A _seconds 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 class if icatign
level orxe class above the classification, level. for the firslt
offense. For the third and subsequent violations of this ordinancle
lay 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 Costs
Initial offenses V 10.00 20. 00 30.00
Second offense: IV 35.00 20 .00 55.00
Third offense: II1. 60.00 20.00 80. 00
Fourth offense: 11 110 .00 20 . 00 130.00
Fifth and subsequent
offenses I 135. 00 20 .00 155.00
( 3) In the event that the Pinellas County Uniform Fine
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Schedule ` for Local Ordinance Violations is amended after the
adoption of this ordinance, the fries and costs as set forty in the
amended schedule shall be applicable to any violation of that
ordinance.
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5ectiont: 2 . This ordinance shall take effect immediately upon
adoption.
PASSED ON FIRST READING July 20, 199 _
PASSED ON SECOND re.NiD.. FINAL
DOPTE August 3, 1995
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Attest:
Rita Garvey 0714 E. Goudeau
Mayor-Commissioner City Clerk
ypr° ved as to f an°d legal suf ficiency-
Robert i"Suratte, Esq.
Assistant City Attorney
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