§ 20-34. Cruising.

(a)

Definitions.

1.

Cruising means the operation of a motor vehicle through a residential area three times within a two-hour period within the city.

2.

Residential area means an area containing any dwellings, which includes any structures designed or used exclusively for residential dwellings, including single-family dwellings, two-family dwellings, multi-family dwellings, and group dwellings. Dwellings shall not include hotels, motels, tourist centers, cabins, hospitals, rest homes, orphanages and homes for the aged.

3.

Person having the care, custody and control of a motor vehicle means either the owner of said vehicle, if present in the vehicle at the time of the violation, or, if the owner is not so present, the person or persons having the owner's express authority to use the vehicle.

(b)

Exceptions. This section shall not apply to:

1.

Taxicabs, buses, or other commercial vehicles being driven for business purposes unless the intent is specifically for cruising.

2.

Authorized emergency vehicles, including police, fire and rescue vehicles; public works vehicles; and other authorized government vehicles clearly marked with a decal of the city or other marking identifying the vehicle as an official city vehicle

3.

Vehicles not within the meaning of subsection (b)1 and 2 of this section having a vehicle gross weight (VGW) of less than 20,000 pounds and being driven in a residential area traveling to a specific destination for a purpose other than cruising.

(c)

Cruising prohibited.

1.

No person having the care, custody and control of a motor vehicle shall drive or permit to be driven such motor vehicle through a residential area three times within a two-hour period.

2.

No violation shall occur except upon the third passage through the same residential area within the aforementioned two-hour period.

(d)

Penalty; nuisance; abatement.

1.

Any person convicted of violating this section shall be guilty of a misdemeanor and punished by a fine not exceeding $500.00 or by imprisonment not to exceed six months, or both such fine and imprisonment.

2.

Any violation of this section shall be deemed a nuisance. In addition to the punishment above, the court may, in imposing sentence, order the defendant's vehicle used in the commission of the offense to be impounded for a maximum of 30 days.

(Ord. No. 3548, § 1, 12-14-2009)