Morgan Hill Municipal Code Ch. 9.18 Sideshows

For purposes of this section, the following definitions shall apply:

A. "Illegal motor vehicle speed contest" and "exhibition of speed" shall have the same meaning as in California Vehicle Code Section 23109 subsections (a) and (c), as may be amended;

B. "Reckless driving exhibition" shall the same meaning as in California Vehicle Code Section 23103, as may be amended.

C. "Off-street parking facility" shall have the same meaning as California Vehicle Code Section 12500 subsection (c), as may be amended.

D. "Spectator" shall mean any person who is present at an illegal motor vehicle speed contest, exhibition of speed or reckless driving exhibition 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;

E. A person is "present" at the illegal motor vehicle speed contest, exhibition of speed or reckless driving exhibition if that person is within one hundred fifty feet of the location of the event, or within one hundred fifty feet of the street or highway where preparations are being made for the event;

F. "Preparations" means any of the following acts done for the purpose of a motor vehicle speed contest or exhibition of speed:

1. One or more motor vehicles or persons has arrived at a predetermined location for the purpose of participating in or being a spectator at the event;

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

3. One or more persons have gathered in an off-street parking facility;

4. One or more persons have impeded the free public use of a public street, highway, or off-street parking facility by acts, words or physical barriers;

5. One or more motor vehicles have lined up on a public street, highway, or off-street parking facility with motors running;

6. One or more drivers are revving a motor vehicle's engine or causing the motor vehicle's tires to spin; or

7. A person is standing or sitting in a location to act as a race starter.

(Ord. No. 2332, N.S., § 1, 5-4-2022)

It shall be unlawful for any person to:

A. 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

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

C. 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

D. 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 off-street parking facility;

E. 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.

(Ord. No. 2332, N.S., § 1, 5-4-2022)

A. It shall be unlawful for any person to knowingly encourage, promote, instigate, assist, facilitate, aid, or abet:

1. The gathering of persons as spectators at an illegal motor vehicle speed contest or exhibition of speed conducted on a public street or highway; or

2. The gathering of persons as spectators at a reckless driving exhibition conducted on a public street or highway or in an off-street parking facility.

B. It shall be unlawful for any person to knowingly encourage, promote, instigate, assist, facilitate, aid, or abet:

1. The gathering of persons as spectators 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. The gathering of persons as spectators where preparations are being made for a reckless driving exhibition conducted on a public street or highway or in an off-street parking facility.

(Ord. No. 2332, N.S., § 1, 5-4-2022)

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:

A. The nature of and circumstances surrounding the incident, and the nature of a subject individual's participation in or spectating at an incident, including such factors as the time of day, description of the scene, number of people and/or vehicles present, location of the individual charged relative to the involved vehicles, and actions taken by the individual charged (including photography or videography, reporting to authorities, etc.); or

B. That the person charged has previously participated in, or been a spectator at, a speed contest or reckless driving exhibition; or

C. That the person charged has previously aided and abetted a speed contest or reckless driving exhibition; or

D. That the person charged was previously present at a location where preparations were being made for a speed contest or reckless driving exhibition; or

E. 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 as a spectator at a speed contest or a 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 a speed contest or a reckless driving exhibition was taking place at the time of the presently charged offense. Prior acts are not limited to those that occurred within the City of Morgan Hill.

(Ord. No. 2332, N.S., § 1, 5-4-2022)