Chapter 11.30
CRUISING MOTOR VEHICLES – REGULATED
Sections:
11.30.020 Designation of areas in which cruising is regulated.
11.30.025 Repealed.
11.30.026 Designation of specific streets, avenues and areas in which cruising is regulated.
11.30.040 Cruising regulated where posted – Traffic infraction.
11.30.050 Presumption created.
11.30.060 Penalty for violation.
11.30.010 Definitions.
The following terms when used in this chapter shall be construed to mean as follows:
(1) “Cruising” means driving or permitting a motor vehicle under an individual’s care, custody or control to be driven past a traffic control point two times in the same direction of travel within a two-hour period in a posted “regulated cruising” area so as to contribute to traffic congestion, obstruction of streets, sidewalks, or parking lots, impediment of access to shopping centers or parking lots, impediment of access to shopping centers or other buildings open to the public, interference with the use of property, the conduct of business in the adjacent area or the inability of emergency vehicles to respond in that area within a reasonable period of time.
(2) “Traffic control point” means any point or points within the regulated cruising area established by the police department in accordance with LMC 11.30.020. (Ord. 3050 § 1, 2008; Ord. 2595 § 2, 1995; Ord. 2454 § 1, 1991).
11.30.020 Designation of areas in which cruising is regulated.
The police chief, or his designee, shall determine when an area has become so congested by traffic as to present a danger of traffic congestion, obstruction of streets, sidewalks or parking lots, impediment of access to shopping centers or other buildings open to the public, or interference with the use of property or conduct of business in the area adjacent thereto or that emergency vehicles cannot respond in that area within a reasonable period of time. The police chief, or his designee, shall, upon making such determination, direct that portable “regulated cruising” signs be erected or installed in or near the center lane of the street or streets affected by such congestion, and maintained until the congestion has lessened sufficiently to avoid the problems enumerated above in LMC 11.30.010 and in this section. Such determination may be made, such signs erected or installed and any public street in the city declared to be a regulated cruising area when:
(1) Traffic congestion has slowed average vehicle speed to less than two-thirds of the posted speed and the congestion is caused in whole or in substantial part by cruising; and
(2) Such congestion significantly interferes with or impedes the passage of motor vehicles to and from locations within the area; or
(3) Traffic congestion causes the movement of public transportation vehicles to be impeded, restricted or delayed; or
(4) Traffic congestion is likely to prevent, impede, restrict or delay emergency vehicles in responding to locations within the area or passing through the area.
The designation of a public street as a regulated cruising area shall remain in continuous effect for a period of not less than four hours and until such time as the congestion no longer causes the foregoing situations to occur. (Ord. 3050 § 1, 2008; Ord. 2718 § 1, 1999; Ord. 2595 § 1, 1995; Ord. 2454 § 1, 1991).
11.30.025 Specific regulated cruising streets – Designated.
Repealed by Ord. 2657. (Res. 1461 §§ 1, 2, 1991).
11.30.026 Designation of specific streets, avenues and areas in which cruising is regulated.
The chief of police of the city, or his designee, is authorized to place such signs as are permitted by this chapter, and to establish traffic control points as may be deemed necessary or desirable in the enforcement of this chapter. (Ord. 3050 § 1, 2008; Ord. 2657 § 1, 1997).
11.30.030 Posting of signs.
At every point where a public street or alley becomes or provides ingress to a regulated cruising area there shall be posted a sign which designates regulated cruising areas. No person, without lawful authority to do so, shall remove, damage, obstruct or in any way interfere with such posted signs. (Ord. 3050 § 1, 2008; Ord. 2454 § 1, 1991).
11.30.040 Cruising regulated where posted – Traffic infraction.
It shall be a traffic infraction for any person to drive, or permit a motor vehicle under his care, custody or control to be driven, past a traffic control point two times in the same direction of travel within a two-hour period in a posted regulated cruising area. No violation shall occur except upon the second passage by the same traffic control point in the same direction of travel within the aforementioned two-hour period. (Ord. 3050 § 1, 2008; Ord. 2454 § 1, 1991).
11.30.050 Presumption created.
It shall be presumed that the driver of a motor vehicle which passes a traffic control point the second time within two hours, in violation of LMC 11.30.040 hereof, was the person who drove, or who had under his care, custody or control, the motor vehicle which passed the traffic control point on the first occasion within said two-hour period of time. (Ord. 3050 § 1, 2008; Ord. 2454 § 1, 1991).
11.30.060 Penalty for violation.
A civil penalty shall be imposed for the violation of this chapter. A maximum civil penalty of $500.00 shall be imposed for the first violation hereof, of which $250.00 shall not be suspended or deferred, and a maximum civil penalty of $700.00 for each subsequent violation hereof, of which $400.00 shall not be suspended or deferred. (Ord. 3050 § 1, 2008; Ord. 2454 § 1, 1991).
11.30.070 Exemptions.
This chapter shall not apply to:
(1) Any publicly owned vehicle of any city, county, public district, state or federal agency;
(2) Any vehicle licensed for public transportation, including but not limited to buses and taxicabs;
(3) Any in-service emergency vehicle;
(4) Any vehicle being driven by a person who is a resident of or business operator of the regulated cruising area, or any vehicle being driven within the regulated cruising area for necessary commercial or medical reasons. (Ord. 3050 § 1, 2008; Ord. 2454 § 1, 1991).