§ 20-4. Cruising control ordinance.

(a) This section shall be known as the Lake Wales Cruising Control Ordinance.

(b) Definitions. Whenever in this section the following terms are used, they shall have the meanings ascribed as follows:

Congested traffic. Traffic on any public street, highway, or road which is delayed to the point that:

(1) Motor vehicles back up in any direction for more than one (1) block restricting vehicular movement on any public street, highway, or road where the delay in forward movement is due to the position of other motor vehicles; or

(2) Motor vehicles cannot readily move forward on portions of a public street, highway, or road between intersections with other public streets, highways, or roads because the average traffic speed has dropped to less than fifteen (15) mph, where the delay in forward movement is due to the position of other motor vehicles.

Cruising. The unnecessary repetitive driving of a motor vehicle on a designated public street, highway, or road past the same traffic control point three (3) or more times during restricted hours, upon a designated public street, highway, or road with posted signs, constituting official traffic control devices, informing the public that the public street, highway, or road is subject to regulation under the Lake Wales Cruising Control Ordinance and that said regulation is in effect.

Designated street . Any public street, highway, or road designated as a no cruising area pursuant to this section provided that the public street, highway, or road is under the control or maintenance of the city. Any public street, highway, or road so designated shall be clearly marked with signs constituting an official traffic control device, advising the public that the public street, highway, or road is subject to such regulation.

Traffic control point. A clearly identified reference point on a designated public street, highway, or road, as determined and marked by an official traffic control device posted at the direction of the city commission or their designee.

Official traffic control devices. All signs, signals, markings, and devices, not inconsistent with this chapter, placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning, or guiding traffic.

Restricted hours. The days and times that cruising is prohibited, specifically between the hours of 8:00 p.m. Friday until 4:00 a.m. Saturday, between the hours of 8:00 p.m. Saturday until 4:00 a.m. Sunday, and between the hours of 8:00 p.m. Sunday until 4:00 a.m. Monday.

Restricted area. Any public street, highway, or road designated by the city commission or their designee as a "no cruising area" and that is within the City of Lake Wales.

(c) It is unlawful for any person to engage in unnecessary repetitive driving, also known as cruising as defined herein, while operating a motor vehicle, and no owner of a motor vehicle shall permit another to engage in the cruising while operating a motor vehicle under his or her care, custody, and control, after notice as described in the section herein below.

(d) Notice of violation.

(1) Upon observation that a motor vehicle has been operated on a designated and posted public street, highway, or road past the same traffic control point in excess of three (3) or more times during restricted hours, a law enforcement shall stop the motor vehicle for the purpose of giving notice to the operator and to each passenger in the vehicle. The notice, which may be verbal or in writing, shall inform the operator and passengers that this section is in effect and that a subsequent operation of the vehicle past any traffic control point during the restricted hours after the initial observation of the vehicle shall constitute a violation of this section. The notice shall include a brief and general description of the designated public street, highway, or road and a description of the fine that may be imposed upon conviction.

(2) At the time a motor vehicle is stopped and given notice as described in this section, and at the time a motor vehicle is stopped after giving notice, and prior to issuing a uniform traffic citation to the operator of the motor vehicle, the officer shall afford the operator or a passenger in the motor vehicle an opportunity to explain his or her conduct. No person shall be convicted for violating section 20-4(b) or F.S. § 316.074(1) if it appears at trial that the explanation given was true and disclosed a lawful purpose. Refusal by the person to explain his or her conduct to the officer shall not be deemed an element of the offense or evidence establishing probable cause that the person has violated this section.

(e) Enforcement. The operation of a motor vehicle past the same traffic control point where a posted official traffic control device prohibits cruising, after issuance of the notice described herein, constitutes a violation of 20-4(b) as well as F.S. § 316.074(1). A uniform traffic citation for violation of F.S. § 316.074(1) shall be issued to the actual operator of the motor vehicle at the time the offense occurs. It shall be immaterial whether the operator of the motor vehicle at the time the offense occurs actually operated the motor vehicle each time it passes the traffic control point.

(f) Penalties. All penalties for the violation of 20-4(b) or F.S. § 316.074(1) shall be in accordance with the provisions of F.S. ch. 316 and ch. 318.

(g) Exclusions. The provisions of this section shall not apply to the following:

(1) Any authorized emergency vehicle when operated in an official capacity; or

(2) Any authorized government vehicle when operated in official capacity; or

(2) Any licensed public transportation vehicle, vehicle for hire, or any other vehicle utilized for business or commercial purposes, when actually operated for such purposes.

(h) Designation of streets. The city commission authorizes the city manager or his or her designee to designate a public street, highway, or road as a no cruising area based upon a prior determination that a state of congested traffic has been demonstrated to occur during restricted hours. Such designation shall include any portion of the public street, highway, or road within which the congested traffic condition is demonstrated to exist. Upon the designation of a public street; highway, or road as a no cruising area, the city manager or his or her designee shall direct the placement of official traffic control devices providing notice to the public, and shall establish one (1) or more traffic control points to identify the vehicles being operated upon the designated public street, highway, or road.

(Ord. No. 2005-21, § 1, 6-21-05)