This article shall be known and may be cited
as the "Cruising Ordinance."
It is hereby found that a general public nuisance
and threat to the public safety results from the repetitive driving
of motor vehicles, also known as "cruising," in a designated area
of downtown Chambersburg. The purpose of this article is to reduce
the noise, air pollution and congestion resulting from cruising and
to ensure access for safety vehicles to and through said designated
area by restricting repetitive driving of motor vehicles in said designated
area.
For the purpose of this article, the following
definitions shall apply:
CRUISING
Driving a motor vehicle on a street past a traffic control
point, designated by a police officer, in the designated areas under
conditions in which traffic is congested at or near any control point,
three or more times within any two-hour period from 7:00 p.m. to 1:00
a.m., April 1 through November 1. Passing the control point a third
time under the conditions stated herein shall constitute unnecessary
repetitive driving and therefore a violation of this article.
DESIGNATED AREAS
A.
That part of U.S. Route 11 South (Philadelphia
Avenue and Main Street) between Commerce Street on the north and South
Street on the south; and
B.
That part of U.S. Route 11 North (Second Street)
between South Street on the south and Commerce Street on the north.
TRAFFIC CONTROL POINT
A clearly marked reference point on a designated street,
as determined and marked from time to time by the Borough of Chambersburg
Police Department.
No person shall cruise. For the purposes of
this article, the person having care, custody or control of a motor
vehicle shall be considered the person cruising regardless of whether
that person was actually driving the motor vehicle. For the purposes
of this article, the person having "care, custody or control 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
so present, the person operating the vehicle at the time of the violation
of this article.
This article shall not apply to any municipal,
emergency, police, fire, ambulance or other governmental vehicle when
the same is being operated in an official capacity. In addition, this
article shall not apply to any duly licensed public transportation
vehicle nor to any vehicle utilized for business and/or commercial
purposes.
[Amended 9-22-2014 by Ord. No. 2014-08]
Any person and/or entity violating any and/or all of the provisions of Article
VIII shall, upon conviction thereof, be guilty of a summary offense and sentenced to pay a fine of not less than $50 nor more than $600 plus court costs and reasonable attorney fees and, in the event of default of payment, such violator may be sentenced to imprisonment for a period not to exceed 30 days. Each violation by the same person and/or entity shall be considered a new and separate violation of the Code of the Borough of Chambersburg.