Article XII — MOTOR VEHICLE SPEED CONTESTS

Certain streets within the city have been subject to continuing nighttime street racing over the past several years. Such street racing constitutes a nuisance, creates potential hazards to the health and safety of the public, and interferes with pedestrian and vehicular traffic within the city. Most of the illegal races occur on a regular basis in the industrial or warehouse areas of the city. Hundreds of people have been found to form illicit "tracks" along various industrial streets. Those gathered to race and participate in the racing as spectators often block the streets and sidewalks to form the racetrack area, place bets and generally encourage, aid and abet the racing process. Street racers accelerate to extremely high speeds without regard to oncoming traffic, pedestrians, or vehicles parked and moving nearby. The racers move quickly from street to street, racing for several heats and then often move onto another street upon the arrival of a police unit. Calls for police service, traffic accidents, and property crimes have increased and one murder has also occurred during an illegal street race.

This article is adopted as means to reduce illegal street racing in the city by declaring the vehicles that are used in street racing activities as nuisances and authorizing their seizure and forfeiture. It also authorizes the city to issue citations to persons who participate in illegal speed contests as spectators. Finally, this article authorizes the city, in accordance with the authority granted in California Vehicle Code § 21101.4, to adopt rules and regulations for temporary street closures due to serious and continual criminal activities such as street racing.

(Ord. No. 1443, § 1, 3-16-04)

The following words, terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning. Whenever any words or phrases used in this article are

City shall mean the City of Fontana.

City attorney shall mean the city attorney of the City of Fontana.

Designated streets shall mean those streets which the city council determines by resolution to meet the criteria identified in California Vehicle Code § 21101.4.

Department shall mean the city police department.

Motor vehicle speed contest shall mean a motor vehicle speed contest as defined in California Vehicle Code § 23109(a).

Owner shall mean the last registered owner of record of the vehicle as indicated by records of the department of motor vehicles, or similar state entity, or the legal owner of the vehicle that is used to participate in a motor vehicle speed contest.

Street race or speed contest shall mean any unlawful motor vehicle speed contest, as defined by California Vehicle Code § 23109(a), whether or not the race is attended by persons other than the drivers racing vehicles on city streets.

Temporary street closure shall mean closure for not more than 18 months, pursuant to California Vehicle Code § 21101.4(b) (subject to extension) of designated streets from the hours of 11:00 p.m. on Friday night to 6:00 a.m. Saturday morning, and 11:00 p.m. Saturday night to 6:00 a.m. Sunday morning.

Vehicle shall mean a vehicle as defined in California Vehicle Code § 670.

Violator shall mean the responsible party for a juvenile violator of this article or an adult violator of this article.

(Ord. No. 1443, § 1, 3-16-04)

This article is not the exclusive regulation or penalty for participation in a motor vehicle speed contest either as a participant or spectator. It supplements and is in addition to the other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the city, the state or any other legal entity or agency having jurisdiction.

(Ord. No. 1443, § 1, 3-16-04)