Salinas Municipal Code Art. X Spectators at Speed Contests and Reckless Driving Exhibitions

The following terms, used in this article, shall have the meanings set forth in this section:

(a) "Street race" means any motor vehicle speed contest or motor vehicle exhibition of speed referred to in subdivisions (a) and (c) of California Vehicle Code Section 23109, as the same may be amended from time-to-time.

(b) "Reckless driving exhibition" means any exhibition of reckless driving referred to in California Vehicle Code Section 23103, as the same may be amended from time-to-time.

(c) "Offstreet parking facility" is defined in subdivision (c) of California Vehicle Code Section 12500, as the same may be amended from time-to-time.

(d) "Spectator" means any person who is present at a street race or reckless driving exhibition, or the site of the preparations for either of these activities, 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 the means by which the person arrived.

(e) A person is "present" at the street race or the reckless driving exhibition if that person is within two hundred (200) feet of the location of the street race or the reckless driving exhibition, or within two hundred (200) feet of the site for the preparations for either of these activities.

(f) "Preparations" for any street race or reckless driving exhibition include, but are not limited to, any of the following acts done for the purpose of a street race or reckless driving exhibition:

(1) One (1) or more motor vehicles and persons have arrived at a predetermined location on a public street or highway or in an offstreet parking facility;

(2) One (1) or more persons have gathered on, or adjacent to, a public street or highway;

(3) One (1) or more persons have gathered on, or adjacent to, a public street or highway;

(4) One (1) or more persons have impeded the free public use of a street, highway, or offstreet parking facility by acts, words, or physical barriers;

(5) One (1) or more motor vehicles have lined up on a public street, highway, or offstreet parking facility with motors running;

(6) One (1) or more drivers is 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. 2620(NCS), § 1, 7-2-2019, eff. 8-1-2019)

(a) It shall be unlawful for any person to:

(1) Be knowingly present as a spectator at a street race conducted on a public street or highway; or

(2) Be knowingly present as a spectator at a reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility.

(b) It shall be unlawful for any person to:

(1) Be knowingly present as a spectator where preparations are being made for a street race conducted on a public street or highway; or

(2) 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 offstreet parking facility.

(c) Nothing in this section prohibits peace officers or their agents who are acting in the course of their official duties from being spectators at a street race or a reckless driving exhibition or spectators at the location of preparations for either of these activities.

(Ord. No. 2620(NCS), § 1, 7-2-2019, eff. 8-1-2019)

(a) Notwithstanding any other provision of law, to prove a violation of this article, admissible evidence may include, but is not limited to, any of the following:

(1) That the person charged has previously participated in or been a spectator at a street race or reckless driving exhibition;

(2) That the person charged has previously aided and abetted street racing;

(3) That the person charged has previously attended a street race or reckless driving exhibition; or

(4) That the person charged was previously present at a location where preparations were being made for a street race or reckless driving exhibition, or where a street race or reckless driving exhibition was in progress.

(5) 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 an accident, or propensity of the defendant to be present at or attend a street race or reckless driving exhibition 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 street race or a reckless driving exhibition was taking place.

(b) In addition to the circumstances set out in subsection (a), above, and notwithstanding any other provision of law, to prove a violation of this article, admissible evidence may also include, but is not limited to, any of the following:

(1) The time of day;

(2) The nature and the description of the scene, including the number and the configuration of traffic lanes;

(3) The number of people at the scene;

(4) The location of the person charged in relation to any person or group of persons present at the scene;

(5) The number and descriptions of motor vehicles at the scene;

(6) That the motor vehicles at the scene have been modified or altered to increase power, handling, or visual appeal;

(7) That the person charged drove or was transported to the scene.

(c) For purposes of subsection (b), above, the term "scene" refers to the location of the street race or reckless driving exhibition.

(Ord. No. 2620(NCS), § 1, 7-2-2019, eff. 8-1-2019)

A violation of this article shall be a misdemeanor and may be prosecuted criminally or administratively pursuant to the provisions of the Salinas Municipal Code. If the violation is prosecuted criminally, the maximum penalty shall be a fine up to one thousand dollars ($1,000.00) and/or up to six (6) months in jail. If the violation is prosecuted administratively, the penalties for a violation of this article shall be as follows:

(a) The first violation of this article shall be subject to a fine of two hundred fifty dollars ($250.00).

(b) The second violation of this article within a twelve-month period shall be subject to a fine of five hundred dollars ($500.00).

(c) The third and subsequent violations of this article within a twelve-month period shall be subject to a fine of one thousand dollars ($1,000.00).

(Ord. No. 2620(NCS), § 1, 7-2-2019, eff. 8-1-2019)