City of Industry Municipal Code Ch. 9.90 Prohibition of Spectators at Illegal Motor Vehicle Speed Contests

Pursuant to California Vehicle Code Section 23109, motor vehicle speed contests and exhibitions of speed conducted on public streets and highways are illegal. Streets within the city of Industry have been the site of continuing and escalating 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 within the city of Industry. Traffic accidents, property crimes, and calls for police service have increased. In most cases, illegal street races attract numerous spectators. The presence of spectators at these events encourages illegal street racing and creates an environment in which such illegal activities can flourish. This chapter is adopted to prohibit spectators at illegal street races with the aim of significantly curbing this criminal activity. In discouraging spectators, the act of organizing and participating in illegal street races will also be discouraged.

(Ord. 697 § 1, 2004)

The following words and phrases used in this chapter shall be defined as follows:

"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 in which: (1) a group of motor 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 event; (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 has 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. 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. 697 § 1, 2004)

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 and subject to the penalty set forth in Chapter 1.08 of this code.

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 is guilty of a misdemeanor and subject to the penalty set forth in Chapter 1.08 of this code.

C. Any individual who is knowingly present at the illegal motor vehicle speed contest or exhibition of speed if that individual is within two hundred feet of the location of the event, or within two hundred feet of the location where preparations are being made for the event is guilty of a misdemeanor and subject to the penalty set forth in Chapter 1.08 of this code.

(Ord. 697 § 1, 2004)

Notwithstanding any other provision of law, to prove a violation of Section 9.90.030, admissible evidence may include, but is not limited to, one or more 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 individual 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 individual charged drove or was transported to the scene;

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

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

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

J. 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 motor vehicle speed contest was in progress.

(Ord. 697 § 1, 2004)