Artesia Municipal Code § 4-4.901 Findings and Purpose

(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)