Article 9

Prohibition of Spectators at Illegal Motor Vehicle Speed Contests and Exhibitions of Speed

• (a) The streets within the City have been the site of continuing and escalating illegal street races over the past several years despite asserted efforts of local law enforcement agencies to prevent and otherwise abate this illegal activity through the enforcement of existing traffic laws. Illegal motor vehicle speed contests and exhibitions of speed are fueled by the presence of spectators and create an environment in which these, as well as other, illegal activities can flourish. Therefore, the intent and purpose of this article is to discourage the presence of spectators at illegal vehicle speed contests and exhibitions of speed in the City. The article targets a very clear, limited population and gives proper notice to citizens as to what activities are lawful and what activities are unlawful. In discouraging spectators, the act of organizing and participating in illegal street races will be discouraged.

• (b) This article is not intended to preempt State law governing the regulation of speed contests or exhibitions of speed but rather compliment such laws by prohibiting spectators at illegal motor vehicle speed contests and exhibitions of speed events.

• (Ord. 21-915, § 2)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

"City" means the City of Artesia.

"Illegal motor vehicle speed contest(s) or illegal exhibition(s) of speed" means any speed contest or exhibition of speed referred to in Vehicle Code Sections 23109(a) and 21309(c).

"Motor vehicle" means a vehicle as defined in Vehicle Code Section 670.

"Preparations" means those preparations for the illegal motor vehicle speed contest or exhibition of speed, including, but not limited to, situations in which:

• (1) A group of vehicles or individuals has arrived at a location for the purpose of participating in or being spectators at the event;

• (2) A group of individuals has lined one or both sides of a public street or highway for the purpose of participating in or being a spectator at the events;

• (3) A group of individuals has gathered on private property open to the general public without the consent of the owner, operator, or agent thereof for the purpose of participating in or being a spectator at the event;

• (4) One or more individuals have impeded the free public use of a public street or highway by actions, words, or physical barriers for the purpose of conducting the event;

• (5) Two or more vehicles have lined up with motors running for an illegal motor vehicle speed contest or exhibition of speed;

• (6) One or more drivers is revving his or her engine or spinning his or her tires in preparation for the event; or

• (7) An individual is stationed at or near one or more motor vehicles serving as a race starter.

"Spectator" means any individual who is present at an illegal motor vehicle 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 as it progresses. The term "spectator" includes any individual at the location of the event without regard to whether the individual arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or arriving by some other means.

(Ord. 21-915, § 2)

• (a) Any individual who is 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 speed contest or exhibition of speed is guilty of a misdemeanor.

• (b) Any individual who is 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 speed contest or exhibition of speed is guilty of a misdemeanor; however, a court may determine that the offense is an infraction in which the case shall proceed as if the defendant has been arraigned on an infraction complaint.

• (c) Local law enforcement shall also have the authority to cite any spectator in violation of this article with an administrative citation.

• (d) An individual is present at the illegal motor vehicle speed contest or exhibition of speed if that individual is within 200 feet of the location of the event, or within 500 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) Where its application would result in an interference with or inhibition of any other 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.

  • (4) 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. 21-915, § 2)

• (a) Notwithstanding any other provision of law, to prove a violation of Section 4-4.903, admissible evidence may include, but is 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 number and description of motor vehicles at the scene;

  • (6) That the individual charged drove or was transported to the scene;

  • (7) That the individual charged has previously participated in an illegal motor vehicle speed contest or exhibition of speed;

  • (8) That the individual charged has previously aided and abetted an illegal motor vehicle speed contest or exhibition of speed;

  • (9) That the individual charged has previously attended an illegal motor vehicle speed contest or exhibition of speed; or

  • (10) That the individual charged previously was present at a location where preparations were being made for an illegal speed contest or exhibition of speed or where an exhibition of speed or illegal vehicle speed contest was in progress.

• (b) For purposes of Subsection (a), above, scene refers to the location of the street race or exhibition of speed or the location of the preparations for the street race or exhibition of speed.

• (Ord. 21-915, § 2)

The list of circumstances set forth in Section 4-4.904 is not exclusive. Evidence of prior acts may be admissible to show the propensity of the defendant to be present at or attend an illegal motor vehicle speed contest or exhibition of speed, if the prior act or acts occurred within three years of the presently charged offense. These prior acts may always be admissible to show knowledge on the part of the defendant that a speed contest or exhibition of speed was taking place at the time of the presently charged offense. Prior acts are not limited to those that occurred within the City of Artesia.

(Ord. 21-915, § 2)

Article 10 Temporary Street Closures

Pursuant to the authority of Vehicle Code Section 21101, the provisions of this article shall apply to and control the closing of any street or highway within the City for the purpose of holding a celebration, block party, street dance, local special event, or other purposes when in the opinion of local authorities such closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing. (Ord. 25-976, 1/12/2026)

No person shall close any portion of a public street or highway to vehicular or pedestrian traffic for the purpose of conducting a celebration, block party, street dance, local special event, or for other purposes, without first obtaining a permit from the City Manager, or his/her designee, as provided in this article. This section shall not apply to those governmental agencies which are otherwise authorized to close streets. No person shall violate any of the terms of a permit for temporary street closure, nor in any manner interfere with the progress or orderly conduct of a temporary street closure.

(Ord. 25-976, 1/12/2026)

An application for a permit for temporary street closure shall be made upon a form provided by the City Manager, or his/her designee, and shall contain the following information:

• (a) The name, residence and business address, and phone number of each person and organization sponsoring a temporary street closure. If an organization, the application shall contain the names, residence and business addresses, and phone numbers of the president or chair thereof, and all other persons:

  • (1) Having an interest or position of management or control in such organization, or

  • (2) Who are or will be engaged in organizing, promoting, controlling, managing or soliciting participation in such temporary street closure;

• (b) The date(s) of such temporary street closure;

• (c) The block(s) or intersection(s) at which such closure is requested;

• (d) The estimated number of persons who will participate;

• (e) The purpose of the temporary street closure;

• (f) Whether parking is requested to be restricted or prohibited during such closure;

• (g) Whether any sound amplification equipment is proposed to be used, and if so, information describing such sound amplification equipment;

• (h) Whether or not charity, gratuity, or offerings will be solicited or accepted, or sales of food, beverages or other merchandise will occur;

• (i) Whether such temporary street closure will occupy all or only a portion of the street or intersection involved; and

• (j) Such other information as the City Manager, or his/her designee, deems reasonably necessary in order to carry out his or her duties under this article.

• (Ord. 25-976, 1/12/2026)

The application shall be filed not less than 30 days prior to the scheduled date of such temporary closing. The City Manager, or his/her designee, shall act on an application within seven days of its receipt.

(Ord. 25-976, 1/12/2026)

The issuance of a permit by the City Manager, or his/her designee, shall be a determination by the manager that the temporary street closing is necessary for the safety and protection of persons who are to use that portion of the street during such temporary closing. A permit may be denied or revoked by the City Manager, or his/her designee, when, from a consideration of the application or from such other information as may otherwise be obtained, the City Manager, or his/her designee, finds that one or more of the following circumstances exist:

• (a) The applicant has knowingly or should have known that they made any false, misleading or fraudulent statements of a material fact in the application for a permit or in any other document required pursuant to this article;

• (b) The application has failed to meet the standards in this article, has failed to pay in advance any fee required, or refuses to agree to such conditions as are imposed in the permit;

• (c) The time, duration, size and location of the temporary street closure will substantially disrupt the orderly and safe movement of other traffic;

• (d) The temporary street closure is of a size or nature that will require the diversion of so great a number of Sheriff's deputies to properly police the closed or contiguous areas that it will adversely affect normal police protection to the remainder of the City;

• (e) The concentration of persons will unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such street closure;

• (f) The temporary street closure may unduly interfere with the movement of emergency police and fire equipment;

• (g) The temporary street closure will unduly interfere with the orderly operation of parks, hospitals, churches, schools or other public and quasi-public institutions in the City;

• (h) The temporary street closure will conflict with or interfere with another temporary street closure for which a permit has been granted.

• (Ord. 25-976, 1/12/2026)

The City Manager, or his/her designee, may issue the permit subject to such conditions as the

City Manager deems appropriate under the circumstances. (Ord. 25-976, 1/12/2026)

Written notice of the issuance or denial of a permit shall be provided by the City Manager, or his/her designee, to the applicant within seven days of receipt of an application, or as soon as practicable if the request for the permit is received less than 30 days in advance of the proposed date of the temporary street closure. If a permit is denied, said written notice shall state the reasons for denial.

(Ord. 25-976, 1/12/2026)

Upon the denial or revocation of a permit by the City Manager, or his/her designee, the applicant may appeal to a hearing officer by filing the application within 72 hours or two City working days, whichever is longer, with the City Clerk, who shall set the appeal for hearing as soon as reasonably practicable. After holding a hearing, the hearing officer may reverse, affirm or modify in any respect the determination of the City Manager, or his/her designee. (Ord. 25-976, 1/12/2026)

The City Manager, or his/her designee, may waive the time limitation for filing an application for a permit and a hearing officer may waive the time limitation for filing an appeal if it is found that unusual circumstances or good cause exists and no unreasonable burden upon the City or its citizens will be created thereby.

(Ord. 25-976, 1/12/2026)

The City Manager, or his/her designee, shall notify the Sheriff's Department, the Fire Department, and the Traffic Engineer of the application prior to granting a permit. (Ord. 25-976, 1/12/2026)

Permit recipients shall provide and remove such barricades and warning devices as are deemed necessary by and are acceptable to the City Manager, or his/her designee. Such persons shall also provide for the collection and removal of all trash, garbage, and litter caused by or arising out of such temporary street closure.

(Ord. 25-976, 1/12/2026)

Applicants shall agree to assume the defense of and indemnify and save harmless the City, its council members, boards, commissions, officers, employees and agents, from all suits, actions, damages or claims to which the City may be subjected of any kind or nature whatsoever resulting from, caused by, arising out of or as a consequence of such temporary street closure and the activities permitted in connection therewith. The City Manager, or his/her designee, may require, as a condition to issuance of a permit, that the applicant obtain insurance to serve this end, in such an amount and with such terms as the City Manager, or his/her designee, determines to be appropriate under the circumstances.

(Ord. 25-976, 1/12/2026)

The applicant(s) shall assume and reimburse the City for any and all costs and expenses determined by the City Manager, or his/her designee, to be unusual or extraordinary, and related to the closing of the street for which the permit is sought, including, but not limited to:

• (a) The cost of providing, erecting and moving barricades and/or signs;

• (b) The cost of providing and moving garbage or waste receptacles;

• (c) The cost of City personnel who are required by the City to work hours during their regular shift and/or overtime hours, or to perform duties as a result of such temporary street closure.

The City Manager, or his/her designee, may require, as a condition to issuance of a permit, that a sum be deposited with the City to meet such costs. The required deposit shall not exceed $1,000. (Ord. 25-976, 1/12/2026)

Notwithstanding the provisions of this article, the City Manager, or his/her designee, may, on his/her own initiative, restrict the use of, temporarily close, or authorize the closure of any street or highway within the limits of the City, when he or she considers such restriction or temporary closing of such street or highway to be necessary for the protection of the persons or property, during events or activities such as construction, storms, parades, celebrations or other special events.

(Ord. 25-976, 1/12/2026)

The issuance of a temporary street closure permit does not relieve the applicant of the responsibility to obtain any other necessary City permits, licenses or approvals, including, but not limited to, business licenses, encroachment permits or special event permits. (Ord. 25-976, 1/12/2026)