Antioch Municipal Code Ch. 4 Street Racing, Sideshows, and Reckless Driving Exhibitions

(A) The streets within the city have been the site of continuing illegal sideshows, speed contests, and exhibitions of speed over several years despite law enforcement efforts to prevent and abate these illegal events through the enforcement of existing traffic laws. Illegal motor vehicle sideshows, speed contests and exhibitions of speed are fueled by the activities of organizers, advertisers, and spectators. Often, such events generate profit for their organizers and advertisers. The events are a public nuisance emitting air pollution, including noxious odors, and noise pollution. The events also create an environment in which illegal activities can fester. Therefore, the intent and purpose of this chapter is to discourage organization and advertising of illegal motor vehicle sideshows, speed contests, and exhibitions of speed in the city. It also aims to discourage the presence of spectators at these events.

(B) This chapter targets a clear, limited population and gives proper notice to individuals as to which activities are lawful and which activities are unlawful. The quantity of people exposed to the dangers associated with participating in and being a spectator at illegal sideshows, street races, and exhibitions of speed is likely to be decreased by discouraging organizers, advertisers, and spectators from being involved with such events in the city.

(C) This chapter is not intended to interfere with or inhibit any exercise of constitutionally protected rights of freedom of press and freedom of speech such as (but not limited to) peaceful expressions of political or religious opinions, not involving offensive personal conduct. The City Council finds and declares that advertisements for illegal events such as street racing, motor vehicle sideshows, speed contests, and exhibitions of speed are not legally protected speech.

(D) This chapter is intended to complement state laws governing the regulation of speed contests, exhibitions of speed, and sideshows. This chapter is not intended to preempt state laws governing the regulation of illegal motor vehicle sideshows, speed contests, and exhibitions of speed events.

(Ord. 2239-C-S, passed 7-23-2024)

For purposes of this chapter, unless a word’s context clearly requires otherwise, the following definitions apply.

ADVERTISE. To promote, publish, announce, or declare the occurrence or fact of an event, for the purpose of either: (i) increasing attendance by participants or spectators at such event or future events of a substantially similar nature; or (ii) soliciting payment, funds, contributions, donations, entry fees, or other consideration. ADVERTISING may be done in writing or orally, by sign, card, or notice, whether electronically or via physical media.

DRIVER. Any person who drives a motor vehicle.

EVENT. An illegal motor vehicle speed contest, exhibition of speed, or sideshow, as those terms are defined in the California Vehicle Code.

EXHIBITION OF SPEED. Any unlawful motor vehicle exhibition of speed as defined by Cal. Veh. Code § 23109(c), as may be amended, whether or not the exhibition of speed is attended by persons other than the drivers performing such unlawful activity.

MOTOR VEHICLE. A vehicle as defined in Cal. Veh. Code § 670, as may be amended.

MOTOR VEHICLE SPEED CONTEST. Any unlawful motor vehicle speed contest, as defined by Cal. Veh. Code § 23109(a), as may be amended, whether or not the race is attended by persons other than the drivers racing the vehicles on city streets.

OFF-STREET PARKING FACILITY. The same meaning as set forth in Cal. Veh. Code § 12500(c), as may be amended, and includes any public or private parking facility open and accessible to members of the public.

PERSON. Any natural person and any legal person, including but not limited to a corporation, partnership, or limited liability company.

PREPARATIONS FOR or ORGANIZING ANY SIDESHOW, STREET RACE OR RECKLESS DRIVING EXHIBITION. Includes but is not limited to, any of the following acts done for the purpose of a sideshow, street race or reckless driving exhibition:

(1) One or more motor vehicles and persons have arrived at a predetermined location on a public street or highway or in an off-street parking facility;

(2) Two or more persons have gathered on, or adjacent to, a public street or highway;

(3) Two or more persons have gathered in an off-street parking facility;

(4) One or more persons have impeded the free use of a public street, highway, or off-street parking facility by acts, words, or physical barriers;

(5) One or more motor vehicles have lined up on a public street, highway, or off-street parking facility with motors running;

(6) One or more drivers is revving a motor vehicle’s engine or causing the motor vehicle’s tires to spin; or

(7) A person is standing or sitting in a location to act as a race starter.

RECKLESS DRIVING EXHIBITION. Any exhibition of reckless driving as defined in Cal. Veh. Code § 23103, as may be amended.

SIDESHOW. An event in which two or more persons block or impede traffic on a highway for the purpose of performing motor vehicle stunts, street racing, or reckless driving for spectators referred to in Cal. Veh. Code § 23109(i)(2)(A), as may be amended.

SPECTATOR. Any individual who is present at an illegal motor vehicle sideshow, speed contest, or exhibition of speed, or at a location where preparations are being made for such activities for the purpose of viewing, observing, watching, or witnessing the event.

STREET RACE OR STREET RACING. Any motor vehicle speed contest or motor vehicle exhibition of speed referred to in Cal. Veh. Code § 23109(a) and (c), as may be amended.

(Ord. 2239-C-S, passed 7-23-2024)

This chapter is not the exclusive regulation of nor penalty for participation in a motor vehicle speed contest, exhibition of speed, stunting, sideshow, reckless driving exhibition, or similar illegal activity. This chapter supplements and is in addition to any other regulatory codes, statutes, and ordinances heretofore or hereinafter enacted by the city, the state, or any other legal entity or agency having jurisdiction.

(Ord. 2239-C-S, passed 7-23-2024)

(A) It is unlawful for any person to knowingly organize a street race, sideshow, reckless driving exhibition, or exhibition of speed conducted within the city on a public street, highway, or in an off-street parking facility.

(B) It is unlawful for any person to advertise, within the city, a street race, sideshow, or exhibition of speed conducted or to be conducted in the city on a public street, highway, or in an off-street parking facility.

(C) It is unlawful for any person to advertise online, including on social media, a street race, sideshow, or exhibition of speed conducted or to be conducted in the city on a public street, highway, or in an off-street parking facility.

(D) Exceptions. This section shall not apply in any of the following instances:

(1) Where its application would result in an interference with or inhibition of any lawful exercise of constitutionally protected rights of freedom of press and freedom of speech. Speech promoting or encouraging imminent lawless conduct is not protected speech.

(2) Nothing in this section prohibits law enforcement officers or their agents from sharing information about known or suspected events in which an illegal street race, sideshow, reckless driving exhibition, and/or exhibition of speed occurred, may occur, or may be occurring.

(3) Geographic proximity to a street race, sideshow, reckless driving exhibition, or exhibition of speed alone is insufficient evidence to meet the criteria to be found guilty of organizing.

(Ord. 2239-C-S, passed 7-23-2024)

(A) Notwithstanding any other provision of law, factors to consider in determining whether a violation of § 4-4.104 has occurred may include, but are not limited to, any of the following:

(1) Evidence of involvement in organizing or advertising a street race, sideshow, reckless driving exhibition, or exhibition of speed within the city on a public street, highway, or in an off-street parking facility including, but not limited to, testimonial evidence, documentary evidence, demonstrative evidence, or real (physical) evidence.

(2) To the fullest extent permissible by law, evidence of prior act(s) may be considered to show the plan, opportunity, intent, knowledge, identity, and/or propensity of the person charged to organize or advertise a street race, sideshow, or a reckless driving exhibition if the prior act(s) occurred within three years of the presently charged offense.

(B) In addition to the circumstances set out in division (A), above, and notwithstanding any other provision of law, to prove a violation of this chapter, admissible evidence may also include, but is not limited to, any of the following:

(1) The nature and description of the scene, including the number and configuration of traffic lanes;

(2) The number of people at the scene;

(3) The number and descriptions of motor vehicles at the scene.

(C) For purposes of division (B), above, SCENE refers to the location of a sideshow, street race, reckless driving exhibition, or exhibition of speed, or the location of preparations for such an event.

(Ord. 2239-C-S, passed 7-23-2024)

(A) It is unlawful for any individual who to be knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, at an illegal motor vehicle sideshow, street race, or reckless driving exhibition.

(B) It is unlawful for any individual to be knowingly present as a spectator, either on a public street or highway, or on private property open to the general public without the consent of the owner, operator, or agent thereof, where preparations are being made for an illegal motor vehicle sideshow, street race, or reckless driving exhibition.

(C) Local law enforcement shall have the authority to cite any spectator in violation of this chapter with an administrative citation.

(D) An individual is present at the illegal motor vehicle sideshow, street race, or reckless driving exhibition if that individual is within 200 feet of the location of the event, or within 200 feet of the location where preparations are being made for the event.

(E) Exceptions. This section shall not apply in any of the following instances:

(1) Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person on account of sex, race, color, religion, creed, ancestry, national origin, disability, medical condition, marital status, or sexual orientation;

(2) Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities;

(3) Nothing in this section prohibits law enforcement officers or their agents from being spectators at illegal motor vehicle speed contests or exhibitions of speed in the course of their official duties.

(Ord. 2239-C-S, passed 7-23-2024)

(A) Notwithstanding any other provision of law, factors to consider in determining whether a violation of § 4-4.106 has occurred may include, but are not limited to, any of the following:

(1) The time of day;

(2) The nature and description of the scene;

(3) The number of people at the scene;

(4) The location of the individual charged in relation to any individual or group present at the scene;

(5) The conduct of the individual charged in relation to any individual or group present at the scene;

(6) The number and description of motor vehicles at the scene;

(7) That the individual charged drove or was transported to the scene.

(B) For the purposes of division (A), above, SCENE refers to the location of the sideshow, street races, or reckless driving exhibition or the location of the preparations for the street race or exhibition of speed.

(Ord. 2239-C-S, passed 7-23-2024)

Any person who violates this chapter is guilty of a misdemeanor subject to a maximum of six months in jail, a fine of $1,000, or both, unless at the discretion of the district attorney or a court of competent jurisdiction, the violation is reduced to an infraction. The city may seek compliance with this chapter by any remedy allowed under this code and any other remedy allowed by law, including but not limited to the administrative citation procedures set forth in § 1-5. The amount of the administrative fine is $1,000 for each violation.

(Ord. 2239-C-S, passed 7-23-2024)