Ordinance #69
Streets & Alleys
Prohibiting Cruising - City of Franklin

State Of Wisconsin City Of Franklin Milwaukee County

Ordinance No. 98-- 1495

An Ordinance Prohibiting Cruising In Designated Areas Of The City

WHEREAS, the City of Franklin has experienced traffic congestion generated by repetitive unnecessary driving of motor vehicles within the jurisdiction of the City along South 108th Street as such highway reaches the North City Limits, such repetitive unnecessary driving being known as "cruising" and the traffic congestion resulting therefrom having created bumper-to-bumper traffic conditions, slow-speed traffic and vehicles stopped in traffic upon roadways otherwise existing for travel, thereby restricting residential and commercial residents along, South 108th Street and their visitors, as well as other motor vehicle operators, from entering and traveling in a normal flow of traffic and thereby preventing emergency vehicles from properly and expeditiously responding to emergencies, in addition to excessive noise created from such traffic congestion and increased motor vehicle accidents and traffic and other offenses-, and

WHEREAS, the Police Department having viewed and experienced such cruising activities and the negative impacts resulting therefrom and the Chief of Police having recommended adoption of regulations prohibiting such activities.

NOW, THEREFORE, the Mayor and Common Council of the City of Franklin, Wisconsin, do ordain as follows:

SECTION 1: §8.16 of the Municipal Code of Franklin, Wisconsin, is hereby created to read as follows:

CRUISING.

FINDINGS AND PURPOSE. It is hereby found that a threat to the public health, safety and welfare arises from the congestion created by the repetitive unnecessary driving of motor vehicles, also known as cruising, at certain times on certain highways within the City of Franklin. The purpose of this ordinance is to reduce the dangerous traffic congestion, as well as the noise, air pollution, obstruction of streets, sidewalks and parking lots, impediment of access to shopping centers or other buildings open to the public, interference with use of property or conduct of business resulting from cruising, and to insure access for emergency vehicles to and through the said highways.

DEFINITIONS.

(a) "Cruising" shall mean driving a motor vehicle past a traffic control point, on a highway in the designated area, more than twice in any two '~2) hour period between the hours of 8:00 P.M. and 5:00 A.M. Passing a designated control point a third time under the aforesaid conditions shall constitute unnecessary repetitive driving and cruising and, therefore, a violation of this section

(b) "Designated area" shall mean South 108th Street from the North City Limits to the intersection of South 108th Street and West Drexel Avenue.

(c) "Traffic control point" shall mean a reference point within or adjacent to a designated area selected by a police officer for the purpose of enforcing this section.

CRUISING PROHIBITED. It shall be unlawful for anyone to engage in cruising. For the purposes of this section, the person having control or ownership of a motor vehicle shall be considered the person cruising, without regard as to whether that person was actually driving the motor vehicle each time it passed the traffic control point. Having control or ownership of a motor vehicle shall mean either the owner of said vehicle, if present in the vehicle at the time of the violation, or, if the owner is not present, the person operating the vehicle at the time of violation.

EXCLUSIONS. This section shall not apply to:

(a) Any publicly owned vehicle of any city, county, state, federal or other governmental unit, while such vehicle is being used for the official purposes of said governmental unit.

(b) Any authorized emergency vehicle.

(c) Any taxicabs for hire, buses, or other vehicles being driving for business purposes,

PENALTY. The penalties provided herein shall supersede the provisions of Section 31.04 of the Municipal Code, in the event of any conflict. Any person violating the provisions of this ordinance shall forfeit:

(a) The sum of $50 upon the first conviction under this ordinance within a one-year period. The sum of $100 upon the second conviction under this ordinance within a one-year period. The sum of $200 upon the third and each subsequent conviction under this ordinance within a one- year period.

SECTION 2: The terms and provisions of this ordinance are severable. Should any term or provision of this ordinance be found to be invalid by a court of competent jurisdiction, the remaining terms and provisions shall remain in full force and effect.

SECTION 3: All ordinances and parts of ordinances in contravention to this ordinance are hereby repealed.

SECTION 4: This ordinance shall take effect and be in force from and after its passage and publication.