Sacramento Municipal Code Ch. 10.34 Spectators at Sideshows, Motor Vehicle Exhibitions of Speed, Motor…

For purposes of this chapter, the following definitions apply:

"Motor vehicle exhibition of speed" has the same meaning as in subdivision (c) of California Vehicle Code section 23109.

"Motor vehicle speed contest" has the same meaning as in subdivision (a) of California Vehicle Code section 23109.

"Off-street parking facility" has the same meaning as in subdivision (c) of California Vehicle Code section 12500, and includes those facilities described in section 10.42.010.B.

"Preparations" for any sideshow, motor vehicle exhibition of speed, motor vehicle speed contest, or reckless driving exhibition, including any of the following acts done for the purpose of facilitating spectating of these acts:

• 1. One or more motor vehicles or persons have arrived at a predetermined location;
• 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 or highway or off-street parking facility by acts, words, or physical barriers;

• 5. One or more vehicles have lined up with engines running;
• 6. One or more drivers are revving their vehicle's engine or spinning its tires; or
• 7. A person is acting as a race starter.

"Present" means being within 200 feet of the prohibited activity.

"Promote" means to aid, abet, organize, advertise, publish notice, or otherwise encourage.

"Reckless driving" has the same meaning as in California Vehicle Code section 23103.

"Scene" means the location of the sideshow, motor vehicle exhibition of speed, motor vehicle speed contest, or reckless driving exhibition, or the location of the preparations for any of these activities.

"Sideshow" has the same meaning as in subdivision (i) of California Vehicle Code section 23109.

"Spectator" means a person who is present at a prohibited event or activity, for the purpose of viewing, observing, watching, or witnessing the event or activity without regard to the means by which the person arrived. (Ord. 2024-0049 § 2; Ord. 2005-031 § 2)

A. No person shall be a spectator at a sideshow, motor vehicle exhibition of speed, motor vehicle speed contest, or reckless driving exhibition conducted on a public street or highway or off-street parking facility.

B. No person shall be a spectator of preparations for a sideshow, motor vehicle exhibition of speed, motor vehicle speed contest, or reckless driving exhibition conducted on a public street or highway or off-street parking facility.

C. No person shall promote conduct that violates subsections A or B above.

D. This section does not apply to law enforcement officers or their agents who are acting in the course of their official duties. (Ord. 2024-0049 § 2; Ord. 2005-031 § 2)

To prove a violation of this chapter, 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 person charged in relation to any person or group present at the scene;

E. The number and descriptions of motor vehicles at the scene;

F. That the motor vehicles at the scene have been modified;

G. That the person charged drove or was transported to the scene;

H. That the person charged has previously participated in or was present at a sideshow, motor vehicle exhibition of speed, motor vehicle speed contest, or reckless driving exhibition;

I. That the person charged has previously aided and abetted a sideshow, motor vehicle exhibition of speed, motor vehicle speed contest, or reckless driving exhibition;

J. That the person charged has previously promoted spectating at a sideshow, motor vehicle exhibition of speed, motor vehicle speed contest, or reckless driving exhibition;

K. That the person charged previously was present at a location where preparations were being made for a sideshow, motor vehicle exhibition of speed, motor vehicle speed contest, or reckless driving exhibition;

L. That the person charged previously violated this chapter;

M. Any video or audio from technology such as drone or security cameras; and

N. Any data from technology such as automatic license plate readers or speed detecting radar technology. (Ord. 2024-0049 § 2; Ord. 2005-031 § 2)

A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to chapter 1.28.

B. Violations of this chapter are hereby declared to be a public nuisance.

C. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.

D. Any person who violates a provision of this chapter is guilty of a misdemeanor, punishable by a fine of $1,000 or imprisonment not to exceed six months, or both.

E. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter. (Ord. 2024-0049 § 2; Ord. 2005-031 § 2)