Chapter 9.81 — SPECTATORS AT ILLEGAL MOTOR VEHICLE SPEED CONTESTS, AND EXHIBITIONS OF

SPEED OR RECKLESS DRIVING EXHIBITIONS[11]

Editor's note— Ord. No. 768, § 3, adopted May 18, 2021, repealed the former Ch. 9.81, §§ 9.80.010— 9.80.030, and enacted a new Ch. 9.81 as set out herein. The former Ch. 9.81 pertained to similar subject matter and derived from Ord. 607, § 2(part), 2007; Ord. No. 683, § 1, 11-15-2016.

As used in this chapter, the following terms are defined as:

(a)

"Illegal Motor Vehicle Speed Contest or Exhibition of Speed" shall mean any speed contest or exhibition of speed referred to in California Vehicle Code Sections 23109(a) and 23109(c).

(b)

"Reckless Driving Exhibition" shall mean any exhibition of reckless driving referred to in California Vehicle Code Section 23103, as the same may be amended from time-to-time, including, but not limited to, a person who drives a vehicle upon a highway or an offstreet parking facility in willful or wanton disregard for the safety of persons or property.

(c)

"Offstreet Parking Facility" shall mean the same as is defined in subdivision (c) of California Vehicle Code Section 12500, as may be amended.

(d)

A person is "present" at the illegal motor vehicle speed contest, exhibition of speed, or reckless driving exhibition if that person is within two hundred feet of the location of the illegal motor vehicle speed contest, exhibition of speed, or reckless driving exhibition, or within two hundred feet of the site of the preparations for either of these activities.

(e)

"Preparations" for the illegal motor vehicle speed contest, exhibition of speed, or reckless driving exhibition include, but are not limited to, any of the following acts done for the purpose of an illegal motor vehicle speed contest, exhibition of speed, or reckless driving exhibition:

(1)

One or more motor vehicles or persons have arrived at a predetermined location on a public street or highway or in an offstreet parking facility;

(2)

One or more persons have gathered on, or adjacent to, a public street or highway;

(3)

One or more persons have gathered on private property or offstreet parking facility 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 persons have impeded the free public use of a public street or highway by actions, words, or physical barriers;

(5)

One or more vehicles have lined up on a public street, highway, or offstreet parking facility with motors running;

(6)

One or more drivers is revving their engine or causing the motor vehicle's tires to spin;

(7)

An individual is standing or sitting in a location to act as a race starter.

(f)

"Spectator" shall mean 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. No. 768, § 3, 5-18-2021)

driving exhibitions.

(a)

It shall be unlawful for any person to:

(1)

Be knowingly present as a spectator at an illegal motor vehicle speed contest or exhibition of speed conducted on a public street or highway; or

(2)

Be knowingly present as a spectator at a reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility.

(b)

It shall be unlawful for any person to:

(1)

Be knowingly present as a spectator where preparations are being made for an illegal motor vehicle speed contest or exhibition of speed conducted on a public street or highway; or

(2)

Be knowingly present as a spectator where preparations are being made for a reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility.

(c)

Nothing in this Section prohibits peace officers or their agents who are acting in the course of their official duties from being spectators at an illegal motor vehicle speed contest, exhibition of speed, or reckless driving exhibition or spectators at the location of preparations for either of these activities.

(d)

Any violation of this Section shall be punishable by a fine consistent with the city's administrative citation schedule of fines as a schedule C violation, and Section 9.81.030.

(Ord. No. 768, § 3, 5-18-2021)

(a)

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

(1)

That the person charged has previously participated in or been a spectator at an illegal motor vehicle speed contest, exhibition of speed, or reckless driving exhibition;

(2)

That the person charged has previously aided and abetted an illegal motor vehicle speed contest, exhibition of speed, or reckless driving exhibition;

(3)

That the person charged has previously attended an illegal motor vehicle speed contest, exhibition of speed, or reckless driving exhibition;

(4)

That the person charged was previously present at a location where preparations were being made for an illegal motor vehicle speed contest, exhibition of speed, or reckless driving exhibition was in progress;

(5)

Evidence of these prior acts may be admissible, to the fullest extent permissible by law, to show the opportunity, intent, plan, knowledge, identity, or the absence of a mistake or accident, or propensity of the defendant to be present at or attend an illegal motor vehicle speed contest, exhibition of speed, or reckless driving exhibition 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 an illegal motor vehicle speed contest, exhibition of speed, or reckless driving exhibition was taking place.

(b)

In addition to the circumstances set out in Subsection (a) of this Section, and notwithstanding any other provision of law, to prove a violation of this chapter, admissible evidence may also include, but is not limited to, any of the following:

(1)

The time of day;

(2)

The nature and description of the scene, including the number and configuration of traffic lanes;

(3)

The number of people at the scene;

(4)

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

(5)

The number and descriptions of motor vehicles at the scene;

(6)

That the motor vehicles at the scene have been modified or altered to increase power, handling, or visual appeal;

(7)

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

(c)

For the purposes of Subsection (b) of this Section, "scene" refers to the location of the street race or reckless driving exhibition or the location of the preparations for the street race or reckless driving exhibition.

(Ord. No. 768, § 3, 5-18-2021)

Violation of this chapter shall constitute a misdemeanor, and may be prosecuted criminally or administratively pursuant to the provisions of this code. If the violation is prosecuted criminally, the maximum penalty shall be a fine not to exceed one thousand dollars, imprisonment not to exceed six months, or both. If the violation is prosecuted administratively, the penalties for a violation of this Article shall be as follows:

(a)

The first violation of this chapter shall be subject to a fine of one thousand dollars.

(b)

The second violation of this chapter within a twelve-month period shall be subject to a fine of two thousand dollars.

(c)

The third and subsequent violations of this chapter within a twelve-month period shall be subject to a fine of five thousand dollars.

Each person shall be guilty of a separate offense for each and every day, or part thereof, during which a violation of this chapter, or of any law or regulation referenced herein, is allowed, committed, continued,

maintained, or permitted by such person, and shall be punishable accordingly.

Whenever in this chapter any act or omission is made unlawful, it shall include causing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.

The penalties set forth herein are cumulative and in addition to all other remedies, violations, and penalties set forth in this chapter, this code, or in any other ordinance, laws, rules or regulations of the city, county, or the state.

(Ord. No. 768, § 3, 5-18-2021)

The city manager, or his or her designee, as well as the city's law enforcement, shall be authorized to promulgate additional or supplemental policies, rules, and regulations for the effective enforcement of this chapter, including, but not limited to, the use of automated license plate readers ("ALPR") as regulated by state law, if the public's safety, welfare, or health warrants same.

(Ord. No. 768, § 3, 5-18-2021)