An ordinance adopting Chapter 12.69 of the Metropolitan Code of Laws prohibiting cruising in certain areas within the Metropolitan Government.

NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY:

Section 1. Title 12 of the Metropolitan Code of Laws is hereby amended by adding the following new chapter:

Chapter 12.69
Cruising on Public Streets

12.69.010 Purpose
The purpose of this Chapter is to reduce traffic congestion and excessive noise and pollution; to ensure passage for emergency vehicles during hours when congestion occurs in certain areas ("no cruising zones"); and, to increase access by members of the general public to such areas, which access is currently restricted due to unnecessary traffic congestion arising from cruising.

12.69.020 Definitions
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
Congested traffic. Traffic on any public street which is delayed to the point that:
Motor vehicles back up in any direction for more than one (1) block restricting vehicular movement on any public streets, where the delay in forward movement is due to the position of other motor vehicles; or
Motor vehicles cannot readily move forward on portions of the public street between intersections with other public streets because the average traffic speed has dropped to less than five (5) mph, where the delay in forward movement is due to the position of other motor vehicles.
Designated street. Any public street or roadway designated a "No Cruising Area" pursuant to this Chapter. Any street or roadway so designated shall be clearly marked with signs advising the public that the street or roadway is subject to such regulation.
Cruising. The unnecessary repetitive driving of a motor vehicle on a designated street or roadway past the same traffic control point two (2) or more times in any three (3) hour period during the restricted hours, upon a designated street with posted signs informing the public that the street is subject to regulation under this ordinance and that said regulation is in effect.
Traffic control point. A clearly identified reference point on a designated street, as determined and marked by an official traffic control device posted at the direction of the metropolitan traffic and parking commission.
Restricted hours. The days and times that cruising is prohibited, specifically between the hours of 9:00 p.m. until 3:00 a.m. each day of the week.
Restricted area. Those streets or roadways designated by the traffic and parking commission as a "No Cruising Area" and that are within that area of the metropolitan government bounded on the north by Charlotte Avenue, on the south by Franklin Street, on the west by Eighth Avenue, and on the east by the Cumberland River.

12.69.030 Cruising Prohibited
No person shall 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 cruising while operating a motor vehicle under his or her care, custody and control, after notice as described in Section 12.69.040 herein below.

12.69.040 Notice
Upon observation that a motor vehicle has been operated on a designated and posted street or roadway past the same traffic control point two (2) or more times during the restricted hours, the vehicle shall be stopped after the second or subsequent observation 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 ordinance is in effect, and that 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 ordinance. The notice shall include a brief and general description of the designated streets or the area containing the designated streets and a description of the penalty which may be imposed upon conviction.

12.69.050 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 Section 12.69.030. A uniform traffic citation for violation of Section 12.69.030, shall be issued to the actual operator of the motor vehicle at the time the offense occurs. It shall be immaterial whether the operator at the time the offense occurs actually operated the motor vehicle each time it passed the traffic control point.

12.69.060 Exceptions
This section shall not apply to:
An official public safety or emergency vehicle;
A licensed public transportation vehicle;
A vehicle being used for business purposes; or
Any special event as declared by the Mayor’s Office of Film and Special Events.
Residents living within the designated “No Cruising Area”.

12.69.070 Penalties
Any person violating the provisions of this Chapter shall be subject to a fine of fifty dollars ($50.00) per citation issued.

12.69.080 Severability
Should any portion of this Chapter be declared to be invalid by any court of competent jurisdiction, such provision shall be severed and shall not affect the validity of the remaining provisions.

Section 2. This Ordinance shall take effect from and after its adoption, the welfare of The Metropolitan Government of Nashville and Davidson County requiring it.

Sponsored by: Ludye N. Wallace, Carolyn Baldwin Tucker

LEGISLATIVE HISTORY
Introduced:	July 16, 2002
Passed First Reading:	July 16, 2002
Referred to:	Traffic & Parking Commission - Approved 4-1 Public Safety Committee - Approved Traffic & Parking Committee - Approved
Deferred:	August 6, 2002
Deferred:	August 20, 2002
Re-referred to:	Public Safety Committee Traffic & parking Committee
Passed Second Reading:	September 17, 2002
Deferred:	October 1, 2002
Passed Third Reading:	October 15, 2002
Approved:	October 17, 2002
By: