Chapter 10.50

SPECTATORS PROHIBITED AT STREET RACES AND RECKLESS DRIVING EXHIBITIONS

Sections:

Any person who violates any of the provisions of this chapter or who aids in the violation of any provisions of this chapter is liable for each and every such offense for the actual damages thereof, in such amount as may be determined by a jury, or a court sitting without a jury, up to a maximum of three times the amount of actual damage but in no case less than one thousand dollars, and such costs and attorney's fees as may be determined by the court. In addition, punitive damages may be awarded in an appropriate case. (Ord. 22878.)

• A. Civil Action. Any person aggrieved by an act prohibited by this chapter may enforce the provisions of this chapter in a civil action.

• B. Injunction. Any person who commits, or proposes to commit an action in violation of this chapter may be enjoined therefrom by a court of competent jurisdiction.

• C. Nonexclusive Remedy. Nothing in this chapter shall preclude any aggrieved person from seeking any other remedy provided by law.

• (Ord. 22878.)

Judicial actions under this chapter must be filed within two years of the alleged discriminatory act. (Ord. 22878.)

Any written or oral agreement which purports to waive any provision of this chapter is against public policy and void. (Ord. 22878.)

• 10.50.020 Spectators prohibited at street races and reckless driving exhibitions.

• 10.50.025 Encouraging spectators to gather at street races and reckless driving exhibitions prohibited.

• 10.50.030 Relevant circumstances to prove a violation.

The definitions in this Section apply to the following terms as used in this Chapter:

• 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 may be amended.

• B. "Reckless Driving Exhibition" shall mean any exhibition of reckless driving referred to in California Vehicle Code Section 23103, as may be amended.

• C. "Offstreet Parking Facility" is defined in subdivision (c) of California Vehicle Code Section 12500, as may be amended.

• D. "Spectator" shall mean 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 Reckless Driving Exhibition if that

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person is within two hundred (200) feet of the location of the Street Race or Reckless Driving Exhibition, or within two hundred (200) feet of the site of 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 in an Offstreet Parking Facility;

  4. One (1) or more persons have impeded the free public use of a public 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. 30267.)

• 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 Reckless Driving Exhibition or Spectators at the location of Preparations for either of these activities.

• (Ord. 30267.)

• 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 a Street Race 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 Offstreet 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 a Street Race conducted on a public street or highway; or

  2. The gathering of persons as Spectators where Preparations are being made for a

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Reckless Driving Exhibition conducted on a public street or highway or in an Offstreet Parking Facility.

• (Ord. 30642.)

• A. 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:

  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 accident, or propensity of the defendant to be present at or attend a Street Race or a 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 Chapter, admissible evidence may also include, but is not limited to, any of the following:

1. The time of day;

2. The nature and description of the Scene, including the number and 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 subsection B., above, "Scene" refers to the location of the Street Race or Reckless Driving Exhibition or the location of the Preparations for the Street Race or Reckless Driving Exhibition.

• (Ord. 30267.)