Cruising.

(1) 

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 West Allis. 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.

(2) 

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 S. 108 St. (State Trunk Highway 100) in the City of West Allis, from the North City Limits to the South City Limits.

(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.

(3) 

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.

(4) 

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 driven for business purposes.

(d) 

Any vehicle owned by a school or school district while such vehicle is being used for the official purposes of said school or school district.

[Ord. O-2014-0026, 5/6/2014]

(5) 

Penalties. Any person violating the provisions of this ordinance shall forfeit the sum of one hundred fifty dollars ($150) upon the first conviction under this section within a one-year period. For a second conviction under this section within a one-year period, the person shall forfeit the sum of three hundred dollars ($300). For a third or subsequent conviction under this section within a one-year period, the person shall forfeit the sum of six hundred dollars ($600). For all violations, the person shall be required to pay the costs of prosecution. In default of payment thereof, the person shall be imprisoned in the Milwaukee County House of Correction until such forfeiture and costs are paid, but not more than the number of days set forth in Section 800.095(1)(b)1 of the Wisconsin Statutes, or by suspension of the person’s operating privilege, pursuant to Section 800.095(1)(a) of the Wisconsin Statutes. For purposes of counting the one-year period, the date of violation shall be used.

[Ord. O-2003-0065, 10/7/2003; Ord. O-2014-0026, 5/6/2014]