Chapter 12.29 — PROHIBITION OF SPECTATORS AT ILLEGAL SPEED CONTESTS OR EXHIBITIONS OF…

The City Council of the City of San Marcos 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 exhibits of speed are more commonly known as street races or drag races.

Streets within the City of San Marcos have the potential to be the site of illegal street racing. Such activity 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 and/or home owners to enjoy the use of their property within the City of San Marcos. In most cases, illegal street races attract 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.

This chapter is adopted to prohibit spectators at illegal street races with the aim of significantly curbing this criminal activity. It targets a very clear, limited population and gives proper notice to citizens as to what activities are lawful and what activities are unlawful. In discouraging spectators, the act of organizing and participating in illegal street races will be discouraged.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

For the purposes of this chapter, the following words and phrases shall have the meanings set forth in this section:

(a)

Illegal Motor Vehicle Speed Contest or Illegal Exhibition of Speed shall mean any speed contest or exhibition of speed referred to in California Vehicle Code Sections 23109(a) [engaging in a speed contest] and 23109(c) [aiding in a speed contest].

(b)

Preparations for the Illegal Motor Vehicle Speed Contest or Illegal Exhibition of Speed shall include, but not be limited to, situations in which:

(1)

A group of motor vehicles or individuals has gathered at a location for the purpose of participating in, or being spectators at, an illegal motor vehicle speed contest or illegal exhibition of speed ("illegal speed event");

(2)

A group of individuals has congregated on one or both sides of a public street or highway for the purpose of participating in, or being a spectator at, an illegal speed event;

(3)

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, an illegal speed event;

(4)

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

(5)

Two or more vehicles have lined up, with motors running, for an illegal speed event;

(6)

One or more drivers is revving their engine(s) or spinning their tires in preparation for an illegal speed event; or

(7)

An individual is stationed at or near one or more motor vehicles for the purposes of serving as a race starter.

(c)

Spectator shall mean of any individual who is within 200 feet of 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 within 200 feet 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 some other means.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)

(a)

Any individual who is knowingly present as a spectator, either on a public street or highway, Public Place, 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 shall be guilty of a misdemeanor punishable as provided in Section 1.12.010 hereof.

(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 a misdemeanor punishable as provided in Section 1.12.010 hereof.

(c)

Exemption: Nothing in this section shall prohibit law enforcement officers or their agents from being spectators at illegal motor vehicle speed contests or exhibitions of speed in the course of their duties.

(Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024; Amend. of 2-5-2025(1))

Notwithstanding any other provision of law, to prove a violation of this chapter, admissible evidence may include, but shall 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 the 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 was previously 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. 2024-1544, § 2(Exh. A), 7-23-2024)

The list of circumstances set forth in Section 12.29.040 is not exclusive. Evidence of prior acts shall be admissible to demonstrate 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 years of the presently charged offense. These prior acts shall be admissible to demonstrate 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. Prior acts shall not be limited to those occurring within the City of San Marcos.

(Ord. No. 2003-1166, 1-28-03; Ord. No. 2024-1544, § 2(Exh. A), 7-23-2024)