Article V — ILLEGAL STREET RACING

(a)

The City Council for the City of Oceanside 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 more commonly known as street races or drag races.

(b)

Such street racing 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 Oceanside. Illegal street racers can accelerate to high speeds without regard to oncoming traffic, pedestrians, or vehicles parked or moving nearby. The racers can drive quickly from street to street, race for several hours, and then move to other locations upon the arrival of the police.

(c)

When illegal street races occur on various streets within the city, racers and spectators gather on these 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. Participants in this illegal activity use cell phones, police scanners, and other electronic devices to communicate with each other to avoid arrest. Participants also use the Internet to provide information on where to race and give advice on how to avoid detection and prosecution.

(d)

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

(e)

This section is adopted to prohibit spectators at illegal street races with the aim of significantly curbing the criminal activity of street racing and exhibitions of speed. The division targets a very clear and limited population and gives proper notice to citizens as to what activities are lawful and what activities are unlawful. By discouraging spectators, this ordinance will discourage the act of organizing and participating in illegal street races and exhibitions of speed.

(f)

This section 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.

(Ord. No. 03-OR689-1, § 1, 11-19-03)

(1)

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

(2)

Preparations for the illegal motor vehicle speed contest or exhibition of speed include, but are not limited to, situations in which:

(a)

A group of motor vehicles or individuals has arrived at a location for the purpose of participating in or being spectators at the event;

(b)

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;

(c)

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;

(d)

One or more individuals has impeded the free public use of a public street or highway by actions, works, or physical barriers for the purpose of conducting the event;

(e)

Two or more vehicles have lined up with motors running for an illegal motor vehicle speed contest or exhibition of speed;

(f)

One or more drivers is revving the vehicle's engine or spinning its tires in preparation for the event; or

(g)

An individual is stationed at or near one or more motor vehicles to do some act that will start the race.

(3)

Spectator means any individual who is knowingly 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.

(4)

Knowingly present means being within two hundred (200) feet of the location of the illegal motor vehicle speed contest or exhibition of speed or within two hundred (200) feet of the location where preparations are being made for the exhibition of speed with the purpose of viewing, observing, watching, or witnessing the event as it progresses.

(Ord. No. 03-OR689-1, § 1, 11-19-03)

(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 an infraction subject to a fine of two hundred fifty dollars ($250.00).

(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 an infraction and subject to a fine of two hundred fifty dollars ($250.00).

(c)

Exemption: Nothing in this section shall prohibit or make illegal 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. 03-OR689-1, § 1, 11-19-03)

Notwithstanding any other provision of law, to prove a violation of this article, admissible evidence may include, but not be 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 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 motor vehicle speed contest was in progress.

(Ord. No. 03-OR689-1, § 1, 11-19-03)

The list of circumstances set forth in section 20.50.4 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 (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 or exhibition of speed was taking place at the time of the presently charged offense. Evidence of prior acts shall not be limited to those that occurred within the City of Oceanside, and may include evidence of such acts from other jurisdictions within the County of San Diego.

(Ord. No. 03-OR689-1, § 1, 11-19-03)

Enforcement of this article shall be under the jurisdiction of the chief of police.

(Ord. No. 03-OR689-1, § 1, 11-19-03)