Beverly Hills Municipal Code Ch. 7 Spectators at Speed Contests or Reckless Driving Exhibitions

Pursuant to California Vehicle Code section 23109, motor vehicle speed contests and exhibitions of speed (more commonly referred to as street racing or drag racing) conducted on public streets and highways are illegal. In addition, California Vehicle Code section 23103 prohibits reckless driving, which is defined to mean driving a vehicle upon a highway or in an off street parking facility in willful or wanton disregard for the safety of persons or property. Reckless driving includes performing vehicle stunts (commonly referred to as sideshows), including but not limited to, driving in tight circles (referred to as doughnuts) and exiting a car one is driving and dancing around or on top of it (referred to as ghost riding). Such street racing and reckless driving threatens the health and safety of the public, interferes with pedestrian and vehicular traffic, creates a public nuisance, and interferes with the right of private business owners to enjoy the use of their property within the City. Spectators tend to gather, blocking the streets and sidewalks to traffic, forming a racetrack area, placing bets, and otherwise encouraging, aiding and abetting the racing process or reckless driving exhibitions (sideshows).

Illegal street racers and exhibitors of reckless driving can accelerate to high speeds and engage in reckless driving behavior without regard to property, oncoming traffic, pedestrians, or vehicles parked or moving nearby, and use their electronic devices, social media and the internet to communicate with each other and attract spectators. In most cases, illegal street races and reckless driving exhibitions attract hundreds of spectators. The mere presence of spectators at these events fuels the illegal street racing and reckless driving exhibitions and creates an environment in which these illegal activities can flourish.

This chapter is adopted to prohibit spectators at illegal street races and reckless driving exhibitions. The chapter 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. (Ord. 19-O-2780, eff. 5-17-2019)

For the purposes of this chapter, the following definitions shall apply:

ILLEGAL MOTOR VEHICLE SPEED CONTEST OR ILLEGAL EXHIBITION OF SPEED: Means any speed contest or exhibition of speed referred to in California Vehicle Code section 23109.

PREPARATIONS: For the illegal motor vehicle speed contest, illegal exhibition of speed, or reckless driving exhibition include, but are not limited to, situations in which:

A. A group of motor vehicles or individuals have arrived at a location for the purpose of participating in or being spectators at the event;

B. A group of individuals have lined one or both sides of a public street or highway for the purpose of participating in or being a spectator at the event;

C. A group of individuals have gathered on private property without the consent of the owner, operator, or agent thereof for the purpose of participating in or being a spectator at the event;

D. 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;

E. Two (2) or more vehicles have lined up with motors running for an illegal motor vehicle speed contest or exhibition of speed;

F. One or more drivers is revving their engine or spinning their tires in preparation for the event;

G. An individual is stationed at or near one or more motor vehicles serving as a race starter.

RECKLESS DRIVING EXHIBITION: Means any exhibition of reckless driving referred to in California Vehicle Code section 23103.

SPECTATOR: Means any individual who is present at an illegal motor vehicle speed contest, exhibition of speed, or reckless driving exhibition, 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. 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. 19-O-2780, eff. 5-17-2019)

A. It is unlawful for any individual to be knowingly present as a spectator, either on a public street or highway, or on private property, at an illegal motor vehicle speed contest, exhibition of speed 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, where preparations are being made for an illegal motor vehicle speed contest, exhibition of speed or reckless driving exhibition.

C. An individual is present at the illegal motor vehicle speed contest, exhibition of speed or reckless driving exhibition if that individual is within one hundred feet (100') of the location of the event, or within one hundred feet (100') of the location where preparations are being made for the event. (Ord. 19-O-2780, eff. 5-17-2019)