It shall be unlawful for any person to operate
a motor vehicle over any street in the City at a rate of speed in
excess of 25 miles per hour, except that the speed limit for both
directions of traffic along the streets or parts thereof contained
on a list maintained by the City Clerk are hereby established at the
rate of speed indicated.
[Added 11-28-2000 by Ord. No. 2000-43]
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
CRUISING
Driving a motor vehicle on a street past a traffic control
point, designated by a police officer, in the designated no-cruising
area enumerated herein, three or more times within any two-hour period
from 7:00 p.m. to 2:00 a.m. Passing the traffic control point a third
time under the conditions stated herein shall constitute unnecessary,
repetitive driving and cruising.
PERSON HAVING CARE, CUSTODY OR CONTROL OF A MOTOR VEHICLE
The owner of said vehicle if the owner is present in the
vehicle at the time of the violation, regardless of whether the owner
is driving the vehicle at the time of the violation; or if the owner
is not present in the vehicle at the time of the violation, the person
operating the vehicle at the time of the violation.
TRAFFIC CONTROL POINT
A clearly marked and consistent reference point on a designated
street, as determined and marked from time to time by officers of
the Hagerstown Police Department.
B. Cruising prohibited; exceptions. It shall be unlawful
for anyone to engage in cruising, as defined in this section, within
the corporate limits of the City of Hagerstown in the designated area
provided hereinafter. For purposes of this section, the individual
having care, custody or control 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. The provisions of this section shall not apply to any
municipal, governmental, police, fire, ambulance or other emergency
vehicle when the same is being operated in an official capacity. Additionally,
this section shall not apply to any duly licensed public transportation
vehicle, or any vehicle being utilized for business or commercial
purposes.
C. Designated no-cruising area. The designated area within
the corporate boundaries of the City of Hagerstown to which this section
applies means:
(1) That part of US Route 40 West (Franklin Street and
the Dual Highway) between Cleveland Avenue on the east and Potomac
Street on the west;
(2) That part of US Route 40 East (Washington Street and
the Dual Highway) between Potomac Street on the west and Cleveland
Avenue on the east; and
(3) That part of North Potomac Street between Franklin
Street on the north and Washington Street on the south.
D. Posting. At reasonable intervals within the designated
area, and at every point where a public street or alley provides ingress
to the designated area, there shall be posted signs which designate
the area as a no-cruising area between the hours of 7:00 p.m. and
2:00 a.m.
E. Violations and penalties. Any person who shall violate
any of the provisions of this section shall be deemed guilty of a
municipal infraction and, upon conviction thereof, shall be subject
to a fine of not more than $250.
F. Any person issued a citation alleging a violation
of any of the provisions of this section may elect to pay a preset
fine of $125.
[Added 7-24-2001 by Ord. No. 2001-28]
The streets or parts of streets contained on
a list maintained by the City Clerk are hereby designated as one-way
streets in the direction indicated.
No person shall drive a motor vehicle across,
over or upon a curb or sidewalk along any street except within the
area and at those places where there has lawfully been permitted and
constructed an entrance to a private road or driveway or except in
those cases where it is reasonably necessary to do so in making a
delivery of coal, lumber or other heavy material to the adjacent property,
and then only with the permission and consent of the abutting property
owner.
Traffic control signals shall be installed and
operated at the intersection of those streets contained on a list
maintained by the City Clerk. Each of these traffic control devices
shall conform to the manual and specifications of the State Highway
Administration. (Annotated Code 1957, Article 66 1/2, § 15-106; Acts 1977, Ch. 14, § 2.)