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(1) No person may cruise, or permit a motor vehicle in his care, custody or control to be used for cruising in or around a posted “no cruising” area.

(2) The Police Chief or his designee shall determine when an area has become so congested by traffic as to present a danger of traffic congestion, obstruction of streets, sidewalks or parking lots, impediment of access to shopping centers or other buildings open to the public, or interference with the use of property or conduct of business in the area adjacent thereto, or that emergency vehicles cannot respond in that area within a reasonable period of time. The Police Chief or his designee shall then direct that the “no cruising” signs shall be erected or installed and maintained until the congestion has lessened to an acceptable degree.

(3) At reasonable points along a public street to be designated a no-cruising area there shall be posted signs which say, “no cruising” areas.

(4) A traffic control point as used in this section means any point or points within the no-cruising area established by the Police Department for the purpose of monitoring cruising.

(5) No area shall be permanently designated or posted as a no cruising area except upon the passage of a resolution by the Council.

(6) In determining whether a person is cruising, a court may consider not only the conduct of the driver and his passengers, but the traffic conditions at the time and the conduct of other drivers and passengers as well as pedestrians on or adjacent to the public way. The court shall consider such factors as whether or not the vehicle has passed a traffic control pointing the same direction within a two-hour period, whether or not the vehicle has stopped in the roadway or slowed to a speed of five miles an hour below the speed limit for any appreciable time, whether or not the driver or passengers in the vehicle have conversed with others outside the vehicle, whether or not the vehicle has entered upon private property solely for the purpose of turning around to proceed in the opposite direction, and the intended destination and purpose of the driver and passengers.

(7) This section shall not apply to government vehicles, in-service emergency vehicles, taxicabs for hire, buses and other vehicles being driven for business purposes. [Ord. 2934 § 1, 1993; Code 1970 § 10.44.080.]