Chapter 10.52 — PROHIBITION OF SPECTATORS AT ILLEGAL MOTOR VEHICLE SPEED CONTESTS

AND EXHIBITIONS OF SPEED

Secs. 10.52.010, 10.52.020. - Reserved.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Illegal motor vehicle speed contest or illegal exhibition of speed means any speed contest or exhibition of speed referred to in Vehicle Code §§ 23109(a) and 21309(c).

Motor vehicle means a vehicle as defined in Vehicle Code § 415.

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 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 engine or spinning his 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. No. 2011-04, §§ 1, 2, 1-26-2011)

(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 subject to a maximum of 90 days in jail, or a fine of up to $1,000.00.

(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 subject to a maximum of 90 days in jail, or a fine of up to $1,000.00.

(c)

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 200 feet of the location where preparations are being made for the event.

(d)

Exemption. 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. No. 2011-04, §§ 1, 2, 1-26-2011)

Notwithstanding any other provision of law, to prove a violation of section 10.52.040, 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)

The individual charged drove or was transported to the scene;

(7)

The individual charged has previously participated in an illegal motor vehicle speed contest or exhibition of speed;

(8)

The individual charged has previously aided and abetted an illegal motor vehicle speed contest or exhibition of speed;

(9)

The individual charged has previously attended an illegal motor vehicle speed contest or exhibition of speed; or

(10)

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.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)

The list of circumstances set forth in section 10.52.050 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.

(Ord. No. 2011-04, §§ 1, 2, 1-26-2011)