Santa Ana Municipal Code Art. XV Illegal Street Race and Reckless Driving Exhibition

As used in this Article:

Off-street parking facility has the same meaning as set forth in Vehicle Code section 12500(c), as may be amended from time to time, and includes any public or private parking facility open and accessible to members of the public.

Preparations for a street race or reckless driving exhibition includes, but are not limited to, situations in which:

(1) One (1) or more motor vehicles and persons have arrived at a location on a public street, highway or an off-street parking facility for the purpose of participating in or being spectators at a street race or reckless driving exhibition;

(2) One (1) or more persons have gathered in an off-street parking facility for the purpose of participating in or being a spectator at a street race or reckless driving exhibition;

(3) One (1) or more persons have gathered for a motorcycle stunting or other exhibition in conjunction with a street race or reckless driving exhibition;

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

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

(6) One (1) or more drivers is revving a motor vehicle's engine or spinning the motor vehicle's tires; or

(7) A person is stationed for the purpose of acting as a race starter.

A person is present at a street race or reckless driving exhibition if that 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.

Reckless driving exhibition means any exhibition of reckless driving referred to in California Vehicle Code section 23103, as it may be amended from time to time.

Spectator means any individual who is present at street race or reckless driving exhibition at a location where preparations are being made for such activities, for the purpose of viewing, observing, watching, recording, 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.

Street race or street racing means any speed contest or exhibition of speed referred to in California Vehicle Code section 23109, as it may be amended from time to time.

(Ord. No. NS-3051, § 2, 10-17-23)

It shall be unlawful for any person to engage in, or to aid and abet, any street race or reckless driving exhibition conducted on a public street or highway or in an off-street parking facility. A violation of this section may be punishable as an infraction or a misdemeanor subject to a maximum of six (6) months in jail and a fine of one thousand dollars ($1,000.00).

Alternatively, violations may be addressed through the use of an administrative citation as set forth in sections 1-21.1 through 1-21.9.

(Ord. No. NS-3051, § 2, 10-17-23)

(a) It shall be unlawful for any person to be knowingly present as a spectator at a street race or reckless driving exhibition on a public street, highway, or off-street parking facility. A violation of this section may be punishable as an infraction or a misdemeanor subject to a maximum of six (6) months in jail and a fine of one thousand dollars ($1,000.00). Alternatively, violations may be addressed through the use of an administrative citation as set forth in sections 1-21.1 through 1-21.9.

(b) It shall be unlawful for any person to be knowingly present as a spectator where preparations are being made for a street race or reckless driving exhibition conducted on a public street or highway or off-street parking facility. A violation of this section may be punishable as an infraction or a misdemeanor subject to a maximum of six (6) months in jail and a fine of one thousand dollars ($1,000.00). Alternatively, violations may be addressed through the use of an administrative citation as set forth in sections 1-21.1 through 1-21.9.

(c) Exemption: Nothing in this section prohibits law enforcement 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.

(Ord. No. NS-3051, § 2, 10-17-23)

Notwithstanding any other provision of law, to prove a violation of Sections 36-707 or 36-708, 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) Indicia of a street race or reckless driving exhibition, including, but not limited to, stickers, posters, markings, flags at or near the scene;

(e) The number and types of motor vehicles at the scene;

(f) That the motor vehicles present have been altered or modified to increase power, handling or visual appeal;

(g) That the person charged drove or was transported to the scene;

(h) That the person charged admitted to being a spectator at a street race or reckless driving exhibition;

(i) That the person charged has previously participated in street race or reckless driving exhibition;

(j) That the person charged has previously aided and abetted a street race or reckless driving exhibition; that the person charged has previously attended a street race or reckless driving exhibition;

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

(Ord. No. NS-3051, § 2, 10-17-23)

The list of circumstances set forth in Section 36-709 is not exclusive. To the fullest extent permissible by law, evidence of prior acts may be admissible to show plan, opportunity, knowledge, identity, and/or propensity of the person charged to be present at or attending a street race or reckless exhibition of speed if the prior act(s) 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 reckless driving exhibition was taking place at the time of the presently charged offense. Prior acts are not limited to those that occurred within the City of Santa Ana.

(Ord. No. NS-3051, § 2, 10-17-23)