La Mesa Municipal Code Ch. 10.55 Spectators Prohibited at Illegal Speed Contests or Exhibitions of Speed

The council for the city finds and declares that pursuant to California Vehicle Code section 23109, motor vehicle speed contests and exhibitions of speed conducted on public streets and highways are illegal. Motor vehicle speed contests and exhibitions of speed are commonly known as street races or drag races.

Streets within the city of San Diego have been the site of continuing and escalating illegal street racing over the past several years. Such street racing has occurred in the city of La Mesa and 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 La Mesa. The illegal street races occur on a regular basis on various streets within the city of San Diego and to a lesser degree within the city of La Mesa. Hundreds of racers and spectators gather on San Diego streets late at night and in the early morning hours, blocking the streets and sidewalks to traffic, forming a racetrack area, placing bets, and otherwise encouraging, aiding, and abetting the racing process.

Illegal street racers accelerate to high speeds without regard to oncoming traffic, pedestrians, or vehicles parked or moving nearby. The racers drive quickly from street to street, race for several hours, and then move to other locations upon the arrival of police. Those who participate in this illegal activity are very sophisticated, using cell phones, police scanners, and other electronic devices to communicate with each other to avoid arrest. They also use the Internet to provide information on where to race, and give advice on how to avoid detection and prosecution. Traffic accidents, property crimes, and calls for police service have increased dramatically where these illegal activities occur.

In most cases, illegal street races attract hundreds of spectators. The mere presence of spectators at these events fuels the illegal street racing and creates an environment in which these activities can flourish.

This chapter makes evidence of specified prior acts admissible to show the propensity of the defendant to be present at or attend illegal street races, if the prior act or acts occurred within three years of the presently charged offense.

This chapter is adopted to prohibit spectators at illegal street races with the aim of significantly curbing this criminal activity. The chapter targets a very clear, limited population and gives proper notice to citizens as to what activities are lawful and what activities are unlawful. In discouraging spectators, the act of organizing and participating in illegal street races will be discouraged.

(Ord. 2728 § 2; February 11, 2003)

(a) "Illegal motor vehicle speed contest or illegal exhibition of speed" means any speed contest or exhibition of speed which is commonly known as drag racing and referred to in California vehicle Code sections 23109(a) and 23109(c).

(b) "Preparations for the illegal motor vehicle speed contest or exhibition of speed" means and includes, but is 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 engine or spinning his tires in preparation for the event;

(7) An individual is stationed at or near one or more motor vehicles serving as a race starter.

(c) "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. 2728 § 3; February 11, 2003)

(a) Any individual who is knowingly present as 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.

(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.

(c) An individual is 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.

(d) Exemption: Nothing in this section prohibits law enforcement officers or their agents from being spectators at an illegal motor vehicle speed contests or exhibitions of speed in the course of their official duties.

(Ord. 2728 § 4; February 11, 2003)

Notwithstanding any other provision of law, to prove a violation of Section 10.55.030, admissible evidence may include, but is not limited to, any 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;

(j) That the individual charged previously was present where preparations were being made for an illegal motor vehicle speed contest or exhibition of speed or where an illegal motor vehicle speed contest or exhibition of speed was in progress.

(Ord. 2728 § 5; February 11, 2003)

The list set forth in Section 10.55.040 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. Prior acts are not limited to those that occurred within the city.

(Ord. 2728 § 6; February 11, 2003)

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have adopted the ordinance codified in this chapter and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.

(Ord. 2728 § 7; February 11, 2003)