Carlsbad Municipal Code Ch. 8.29 Spectators Prohibited at Illegal Speed Contests or Exhibitions of Speed

The City Council of the City of Carlsbad, California finds and declares:

A. Pursuant to California Vehicle Code Section 23109, motor vehicle speed contests and exhibitions of speed conducted on public streets and highways are illegal. Motor vehicle speed contests and exhibitions of speed are more commonly known as street races or drag races.

B. Public streets throughout the County of San Diego, including the City of Carlsbad, have been the site of illegal street racing over the past several years. Such street racing 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. The illegal street races occur on a regular basis on various public streets throughout the County of San Diego, including the City of Carlsbad. Hundreds of racers and spectators gather on these streets late at night and in the early morning hours, blocking the streets and sidewalks to traffic, forming a racetrack area, placing bets, and otherwise encourage, aid and abet the racing process.

C. Illegal street racers accelerate to high speeds without regard to oncoming traffic, pedestrians, or vehicles parked or moving nearby. The racers drive quickly from street to street, race for several heats, and then move to other locations upon the arrival of the police. Those who participate in this illegal activity are very sophisticated using cell phones, police scanners and other electronic devices to communicate with each other to avoid arrest. They also use the Internet to provide information on where to race, and give advice on how to avoid detection and prosecution.

D. In most cases, illegal street races attract hundreds of spectators. The mere presence of spectators at these events fuels the illegal street racing and creates an environment in which these illegal activities can flourish.

E. To discourage illegal street races, many cities in the County of San Diego have recently adopted ordinances prohibiting spectators at these races. Those cities who have not adopted such ordinances are experiencing an increase in illegal street races in their jurisdictions.

F. This chapter is adopted to prohibit spectators at illegal street races with the aim of significantly curbing this criminal activity. The ordinance codified in this chapter targets a very clear, limited population and gives proper notice to citizens as to what activity is lawful and what activities are unlawful. In discouraging spectators, the act of organizing and participating in illegal street races will be discouraged.

G. This chapter makes evidence of specified prior acts admissible to show the propensity of the defendant to be present at or attend illegal street races if the prior act or acts occurred within three years of presently charged offense.

(Ord. NS-670 § 1, 2003)

"Illegal motor vehicle speed contest" or "illegal exhibition of speed"

means any speed contest or exhibition of speed referred to in California Vehicle Code Sections 23109(a) and 23109(c).

"Preparations"

for the illegal motor vehicle speed contest or exhibition of speed include, but are not limited to, situations where:

A group of motor vehicles or persons has arrived at a location for the purpose of participating in or being a spectator at the event;

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 event;

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;

One or more persons has impeded the free public use of a public street or highway by actions, words or physical barrier for the purpose of conducting the event;

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

One or more drivers is revving his or her engine or spinning his or her tires in preparation of the event; or

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

"Spectator"

means any person who is present at an illegal motor vehicle speed contest or exhibition of speed, or where preparations are being made for such activities, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. A "spectator" includes any person at the location of the event without regard to whether the person arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or arriving by some other means.

(Ord. NS-670 § 1, 2003)

A. Any person 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 punishable in accordance with Chapter 1.08 of this code.

B. Any person 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 punishable in accordance with Chapter 1.08 of this code.

C. Exemption: Nothing in this section prohibits law enforcement officers or their agents from being spectators at illegal speed contests or exhibitions of speed in the course of their official duties.

(Ord. NS-670 § 1, 2003)

Notwithstanding any other provisions of law, to prove a violation of this section, admissible evidence may include, but is not limited to, any of the following:

A. The time of day;

B. The nature and description of the scene;

C. The number of people at the scene;

D. The location of the person charged in relation to any individual or group present at the scene;

E. The number and description of motor vehicles at the scene;

F. That the person charged drove or was transported to the scene;

G. That the person charged has previously participated in an illegal speed contest or exhibition of speed;

H. That the person charged has previously aided and abetted an illegal speed contest or exhibition of speed;

I. That the person charged has previously attended an illegal speed contest or exhibition of speed;

J. That the person 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 speed contest was in progress.

(Ord. NS-670 § 1, 2003)

The list of circumstances set forth in Section 8.29.040 is not exclusive. Evidence of prior acts may be admissible to show the propensity of the defendant to be present at or attend a 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 Carlsbad.

(Ord. NS-670 § 1, 2003)