El Monte Municipal Code Ch. 9.56 Spectators Prohibited at Speed Contests and Exhibitions of Speed

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

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

Preparations. "Preparations" for the illegal motor vehicle speed contest or exhibition of speed include, but are not limited to, situations where: (1) a group of motor vehicles or persons has arrived at a predetermined location for the purpose of participating in or being a spectator 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) 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; (4) two (2) or more vehicles have lined up with motors running for an illegal motor vehicle speed contest or exhibition of speed; (5) one or more drivers is racing his or her engine or spinning his or her tires in preparation for the event; or, (6) an individual is stationed near one or more motor vehicles as a race starter.

Present. A person is "present" at the illegal motor vehicle speed contest or exhibition of speed if that person is within one hundred fifty (150) feet of the location of the event, or within one hundred fifty (150) feet where preparations are being made for the event.

"Spectator" means any person who is present at an illegal motor vehicle speed contest or exhibition of speed 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. 2713 § 1 (part), 2007)

It is unlawful for any person to:

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

B. Be knowingly present as a spectator where preparations are being made for any such event.

(Ord. 2713 § 1 (part), 2007)

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 an illegal speed contest or speed exhibition;

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

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

4. That the person charged was previously present at a location where preparations were being made for an illegal speed contest or exhibition of speed or where a speed exhibition or speed contest was in progress;

5. Evidence of these prior acts may be admissible to show the propensity of the defendant to be present or attend a speed contest or speed exhibition if the prior act or acts occurred within three (3) 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 was taking place.

(Ord. 2713 § 1 (part), 2007)

A violation of this chapter is a misdemeanor, punishable in accordance with the provisions of Section 1.24.010(A) of this code.

(Ord. 2713 § 1 (part), 2007)