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Second Regular Session
Sixty-first General Assembly
LLS NO. 980116.01 JAP
HOUSE BILL 981027
STATE OF COLORADO
BY REPRESENTATIVE Mace;
also SENATOR Hernandez.
A BILL FOR AN ACT
CONCERNING PROHIBITION OF CRUISING.
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments that may be subsequently
Identifies cruising as a danger to the public health,
safety, and welfare, and as an issue of combined statewide and
local concern. Makes it a class 3 misdemeanor for a first cruising
violation and a class 2 misdemeanor for second and subsequent
offenses. Defines cruising as passing a particular point more
than twice in the same direction in any twohour period between
the hours of 7 p.m. and 3:30 a.m. in a manner and under circumstances
manifesting a purpose of unnecessary, repetitive driving. Specifies
the conditions under which a local law enforcement agency may
establish a traffic control point and the manner for identifying
traffic control points. Identifies exceptions. Allows local
governments to opt out of the law, and specifies that any local
government that opts out does not have to adopt a comparable ordinance.
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Legislative declaration. The general assembly hereby finds that the repetitive driving through an area, generally known as "cruising", threatens the public health, safety, and welfare by causing a high degree of traffic congestion that blocks access and passage by law enforcement and emergency fire and medical vehicles. The general assembly further finds that the heightened traffic congestion caused by cruising results in increased air pollution and encourages littering, public alcohol consumption, disorderly conduct, and other associated illegal activity. The general assembly recognizes, however, that the incidence of cruising and the public safety issues raised thereby vary significantly among local governments and should, to some extent, be under the control of the local government. Thus, the general assembly recognizes cruising as a matter of combined statewide and local concern and adopts this act to restrict cruising activity throughout the state, except in areas in which the governing body of a local government votes to override the application of the provisions of this act.
SECTION 2. Part 1 of article 9 of title 18, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SECTION to read:
189116.7. Cruising local override. (1) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (4) OF THIS SECTION, IT IS UNLAWFUL FOR ANY PERSON TO KNOWINGLY ENGAGE IN CRUISING ON ANY PUBLIC STREET OR HIGHWAY IN ANY AREA OF THE STATE AT A TIME DURING WHICH THE LEVEL OF TRAFFIC CONGESTION IS SUCH THAT IT ENDANGERS THE HEALTH OR SAFETY OF THE COMMUNITY, AS DETERMINED BY THE LOCAL LAW ENFORCEMENT AGENCY; EXCEPT THAT THE PROVISIONS OF THIS SECTION SHALL NOT APPLY WITHIN THE JURISDICTIONAL BOUNDARIES OF ANY LOCAL GOVERNMENT IN WHICH THE GOVERNING BODY OF THE LOCAL GOVERNMENT HAS VOTED TO OVERRIDE THIS SECTION AS PROVIDED IN SUBSECTION (5) OF THIS SECTION. VIOLATION OF THIS SECTION SHALL CONSTITUTE A CLASS 3 MISDEMEANOR; EXCEPT THAT A SECOND OR SUBSEQUENT VIOLATION OF THIS SECTION SHALL CONSTITUTE A CLASS 2 MISDEMEANOR.
(2) AS USED IN THIS SECTION, UNLESS THE CONTEXT OTHERWISE REQUIRES:
(a) "CRUISING" MEANS DRIVING A MOTOR VEHICLE ON A STREET PAST A TRAFFIC CONTROL POINT MORE THAN TWICE IN THE SAME DIRECTION IN ANY TWOHOUR PERIOD BETWEEN THE HOURS OF 7 P.M. AND 3:30 A.M. IN A MANNER AND UNDER CIRCUMSTANCES MANIFESTING A PURPOSE OF UNNECESSARY, REPETITIVE DRIVING. CIRCUMSTANCES OR ACTIONS THAT MAY BE CONSIDERED IN DETERMINING WHETHER SAID PURPOSE IS INTENDED INCLUDE, BUT ARE NOT LIMITED TO:
(I) THE DRIVER OF THE VEHICLE OR ANY OTHER PERSON PRESENT IN THE VEHICLE ENTERS OR EXITS THE VEHICLE DIRECTLY FROM OR TO ANOTHER VEHICLE DRIVEN IN OR PARKED IN CLOSE PROXIMITY TO THE AREA IN WHICH THE TRAFFIC CONTROL POINT IS LOCATED;
(II) THE DRIVER OF THE VEHICLE OR ANY OTHER PERSON PRESENT IN THE VEHICLE VIOLATES STATE OR MUNICIPAL TRAFFIC REGULATIONS OR MUNICIPAL ORDINANCES; OR
(III) THE DRIVER OF THE VEHICLE OR ANY OTHER PERSON PRESENT IN THE VEHICLE HAS DECLARED HIS OR HER PURPOSE FOR DRIVING TO BE THAT OF CRUISING.
(b) "TRAFFIC CONTROL POINT" MEANS A CLEARLY IDENTIFIED REFERENCE POINT AS DETERMINED AND IDENTIFIED PURSUANT TO SUBSECTION (3) OF THIS SECTION BY THE LOCAL LAW ENFORCEMENT AGENCY HAVING JURISDICTION WITHIN THE AREA IN WHICH THE TRAFFIC CONTROL POINT IS DESIGNATED.
(3) A LOCAL LAW ENFORCEMENT AGENCY MAY ESTABLISH A TRAFFIC CONTROL POINT IN ANY AREA WHERE THE LOCAL LAW ENFORCEMENT AGENCY DETERMINES THAT THE LEVEL OF TRAFFIC CONGESTION HAS RISEN TO THE POINT THAT IT IS LIKELY TO ENDANGER THE HEALTH, SAFETY, AND WELFARE OF THE COMMUNITY AND THAT THE CONGESTION IS DUE TO ACTIONS THAT WOULD CONSTITUTE CRUISING. A LOCAL LAW ENFORCEMENT AGENCY SHALL ESTABLISH A TRAFFIC CONTROL POINT BY POSTING A TEMPORARY SIGN THAT SPECIFIES:
(a) THAT THE POINT AT WHICH THE SIGN IS POSTED IS A TRAFFIC CONTROL POINT;
(b) THAT PASSING THE TRAFFIC CONTROL POINT MORE THAN TWICE WHILE TRAVELING IN THE SAME DIRECTION IN ANY TWOHOUR PERIOD BETWEEN THE HOURS OF 7 P.M. AND 3:30 A.M. IN A MANNER AND UNDER CIRCUMSTANCES MANIFESTING A PURPOSE OF UNNECESSARY, REPETITIVE DRIVING MAY CONSTITUTE A VIOLATION OF THIS SECTION; AND
(c) THE EXCEPTIONS SPECIFIED IN SUBSECTION (4) OF THIS SECTION.
(4) THE FOLLOWING VEHICLES ARE NOT SUBJECT TO THE PROVISIONS OF THIS SECTION:
(a) AUTHORIZED EMERGENCY VEHICLES, AS DEFINED IN SECTION 421102 (6);
(b) ANY VEHICLE THAT IS OWNED OR OPERATED BY THE STATE OR A LOCAL GOVERNMENT AND THAT IS BEING OPERATED FOR OFFICIAL PURPOSES;
(c) ANY TAXI CAB, MODE OF PUBLIC TRANSPORTATION, OR OTHER VEHICLE FOR HIRE;
(d) ANY VEHICLE BEING USED TO CONDUCT LEGITIMATE BUSINESS ACTIVITIES.
(5) ANY CITY, TOWN, COUNTY, OR CITY AND COUNTY WITHIN THE STATE MAY CHOOSE TO OVERRIDE THE PROVISIONS OF THIS SECTION BY PASSING A RESOLUTION TO THAT EFFECT, ADOPTED BY A MAJORITY VOTE OF THE GOVERNING BODY OF THE CITY, TOWN, COUNTY, OR CITY AND COUNTY. ANY SUCH RESOLUTION ADOPTED BY THE GOVERNING BODY OF A COUNTY SHALL BE EFFECTIVE ONLY IN THE INCORPORATED AREAS OF SAID COUNTY. ANY CITY, TOWN, COUNTY, OR CITY AND COUNTY THAT CHOOSES TO OVERRIDE THE PROVISIONS OF THIS SECTION SHALL NOT BE REQUIRED TO ADOPT A COMPARABLE LOCAL ORDINANCE.
SECTION 3. Effective date applicability. This act shall take effect upon passage, and shall apply to offenses committed on or after said date.
SECTION 4. Safety clause. The general assembly hereby finds, determines, and declares that this act is necessary for the immediate preservation of the public peace, health, and safety.