Chapter 10.15
CRUISING
Sections:
10.15.030 Traffic congested street defined.
10.15.040 Declaration of traffic congested street.
10.15.080 Notice of towing for subsequent violations.
10.15.090 Subsequent violation.
10.15.010 Title.
This chapter shall be known as the cruising ordinance of Marion County and may be so pleaded and referred to. [Ord. 828 § 1, 1989.]
10.15.020 Policy and purpose.
The board of commissioners finds that:
A. The repeated driving of a motor vehicle, commonly referred to as “cruising,” along or across one portion of a public street or highway contributes to vehicle congestion, obstruction of streets, sidewalks and parking lots, impediment of access to retail business or other buildings open to the public, and interference with the use of property or the conduct of business in the area adjacent thereto; and
B. The continued occurrence of such “cruising” activity is detrimental to the health, safety and welfare of the people of Marion County, their businesses and residences; and
C. The purpose of this chapter, adopted pursuant to ORS 203.035(1), is to prohibit the repeated driving of a motor vehicle along or across one portion of a congested public street and highway, which shall constitute a strict liability violation without any requirement of a culpable mental state, all as discussed infra. [Ord. 828 § 2, 1989.]
10.15.030 Traffic congested street defined.
For purposes of this chapter, a public street shall be a traffic congested street when, because of the repeated driving of the same motor vehicle thereon, the street or a portion of it becomes so congested with traffic as to cause obstruction of streets, sidewalks, or parking lots, impediment of access to retail business or other buildings open to the public, or interference with the use of property or conduct of business in the area adjacent to the street or that emergency vehicles cannot respond in that area within a reasonable time. [Ord. 828 § 3, 1989.]
10.15.040 Declaration of traffic congested street.
When the Marion County sheriff or his designee determines that a public street is a traffic congested street, he may declare it to be a traffic congested street and cause signs to be erected as provided in MCC 10.15.050. [Ord. 828 § 4, 1989.]
10.15.050 Signs.
When the Marion County sheriff or his designee has declared a public street to be a traffic congested street, signs shall be erected notifying motorists that they are entering a traffic congested street; that repeated passage of a motor vehicle through or across the traffic congested street is a violation of this chapter; and that a subsequent violation as defined in MCC 10.15.080 will result in the vehicle’s being towed. [Ord. 828 § 5, 1989.]
10.15.060 Acts prohibited.
No vehicle shall pass along or across the same point on a traffic congested street, designated as such by signs as described in MCC 10.15.050, four or more times in any direction within a two-hour period after a peace officer has given written notice to the person operating the vehicle passing the same point the third time that passing that point by said vehicle a fourth time shall constitute a violation of this chapter. The fact that the operator of the vehicle when it passed the same point the fourth time was not the recipient of said written notice shall be no defense to a charge of a violation of this chapter. [Ord. 828 § 6, 1989.]
10.15.070 Penalty.
Violation of this chapter shall be an infraction the penalty for which shall be a fine not to exceed the sum of $100.00. [Ord. 828 § 7, 1989.]
10.15.080 Notice of towing for subsequent violations.
Upon issuing a citation for a violation of this chapter, the peace officer shall give the person to whom the citation is issued a written notice stating:
NOTICE
You have been cited for violation of the Marion County cruising ordinance for repeated passage of a motor vehicle on or across a traffic congested street.
If the vehicle you are driving is driven again along or across this traffic congested street before 5:00 a.m. the morning following the violation, the driver will again be cited for violation of the Marion County cruising ordinance and this vehicle shall be impounded and towed in accordance with that ordinance.
___________________
Marion County Sheriff
[Ord. 828 § 8, 1989.]
10.15.090 Subsequent violation.
When a vehicle has passed along or across a traffic congested street as designated by signs described in MCC 10.15.050, in violation of this chapter, any single subsequent drive-through of that traffic congested street by that vehicle within a period ending at 5:00 a.m. the following morning shall constitute a separate and subsequent violation, punishable both as provided in MCC 10.15.070 and by towing of the vehicle to a storage area designated by the county and holding the vehicle for not more than 24 hours, all at the expense of the vehicle’s owner or person entitled to possession of it. [Ord. 828 § 9, 1989.]
10.15.100 Exceptions.
A. Any publicly owned vehicle of any city, county, public district, state or federal agency;
B. Any vehicle licensed for public transportation; and
C. Any other vehicle granted an exemption by the sheriff because passage of the vehicle along or across the traffic congested street is necessary for commercial or medical reasons. [Ord. 828 § 10, 1989.]