Vallejo Municipal Code Ch. 8.74 Spectators Prohibited at Illegal Street Races and Reckless Driving…

This chapter is enacted to prohibit sideshow gatherings, processions and assemblages on city streets and highways and to prohibit the gathering of spectators at these illegal events. The purpose of this law is to curb this illegal, unsafe and nuisance activity. The law targets a very clear, limited population and gives proper notice to citizens of the activities that are considered a nuisance and prohibited under this ordinance. In prohibiting spectators, the city intends to take a significant step toward making its streets and highways safe to pedestrians, motorists and the general public.

(Ord. No. 1857 N.C. (2d), § 1, 10-12-2021)

This chapter is enacted in recognition of the following facts and for the following reasons:

A. Illegal street races and reckless driving exhibitions place the drivers, surrounding spectators, and nearby properties in potential danger. Street races and reckless driving exhibitions are also a danger to the public in general, any nearby residents, pedestrians and drivers not participating the exhibition.

B. Street races and reckless driving exhibitions also present a danger when the drivers and spectators disperse following a police response. Often vehicles take off at high rates of speed.

C. A police response to street races and reckless driving exhibitions has frequently been met with active interference by participants and spectators. In the past, individuals have thrown fireworks and bottles at responding officers, threatened officers with violence, discharged firearms, and blocked officers by standing in front of their vehicle. The presence of a large number of spectators makes it difficult to identify and apprehend the individuals engaged in this unlawful conduct.

D. Street races and reckless driving exhibitions also tax public resources, often requiring law enforcement to call in mutual aid from other agencies to respond due to the large number of participants and spectators.

E. The noise from the street races and reckless driving exhibitions are a nuisance to the adjacent neighborhood. The street races and reckless driving exhibitions also lead to tire marks on the road and trash and other debris left by the spectators. The city of Vallejo has received numerous complaints from nearby residents about the impact of noise and blocking public streets each time a street race or reckless driving exhibition takes place.

F. The city of Vallejo has a compelling interest in curbing these dangers and annoyances that result from street races and reckless driving exhibitions.

(Ord. No. 1857 N.C. (2d), § 1, 10-12-2021)

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. A "Spectator" shall not mean law enforcement or emergency service providers who are present and acting in the course and scope of their duties.

E. A person is "present" at a street race or reckless driving exhibition if that person is within two hundred feet of the location of the street race or reckless driving exhibition, or within two hundred 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 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 or more persons have gathered on, or adjacent to, a public street or highway;

3. One or more persons have gathered in an offstreet parking facility;

4. One 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 or more motor vehicles have lined up on a public street, highway, or offstreet parking facility with motors running;

6. One 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 start.

(Ord. No. 1857 N.C. (2d), § 1, 10-12-2021)

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.

(Ord. No. 1857 N.C. (2d), § 1, 10-12-2021)

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 reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility.

(Ord. No. 1858 N.C. (2d), § 10-12-2021)

TITLE 8 FOOTNOTES

1. For statutory definitions of words in the Vehicle Code, see Veh. Code § 100 et seq.

2. For statutory provisions authorizing cities to adopt rules and regulations for traffic control, see Veh. Code § 21100.

3. For statutory provisions authorizing cities to adopt rules and regulations for traffic control, see Veh. Code § 21100; for provisions authorizing removal of cars from highways under certain circumstances. see Veh. Code § 22652.

4. For statutory provisions authorizing local authorities to place and maintain traffic control devices as required by statute or as necessary to implement statutes or local ordinances, see Veh. Code §§ 21351 to 21356; for provisions generally regarding traffic signals, signs and markings, see Veh. Code § 21350 et seq.

5. For statutory provisions authorizing municipalities to establish parking meter zones and fix meter fees by ordinance, see Veh. Code § 22508.

6. For statutory provisions authorizing municipalities to prohibit or restrict the parking or standing of vehicles in certain streets, see Veh. Code § 22500 et seq.

7. For statutory provisions authorizing cities to designate highways within their jurisdiction as through highways, see Veh. Code § 21354.

8. For statutory provisions authorizing cities to designate one-way streets, see Veh. Code § 21657.

9. For statutory provisions authorizing cities to prohibit the use of certain streets by heavy vehicles, see Veh. Code § 35701.

10. For statutory provisions authorizing certain municipal regulations of pedestrians, see Veh. Code §§ 21961, 21106, 21109.

11. For statutory provisions authorizing local authorities to pass ordinances not in conflict with state law with respect to the operation, use, licensing and equipment of bicycles, see Veh. Code § 21206; for provisions setting forth certain equipment requirements for bicycles, see Veh. Code § 21201.

Prior ordinance history: Ord. 717 N.S. as amended by Ords. 812 N.S. and 43 N.C.(2d), and Ord. 32 N.C.(2d) § 9.05 as amended by Ord. 145 N.C.(2d).

12. Ord. No. 1787, § 1, adopted May 8, 2018, repealed § 8.04.040, which pertained to leap frog parking zones and derived from Ord. No. 1669 N.C. (2d), § 1, 10-23-2012.

13. Ord. No. 1787, §§ 6, 7, adopted May 8, 2018, repealed the former § 8.04.140, and enacted a new § 8.04.140 as set out herein. The former § 8.04.140 pertained to special parking permits for parking lots and derived from Ord. No. 1669 N.C. (2d), § 1, 10-23-2012.

14. Ord. No. 1789, § 6, adopted May 8, 2018, repealed the former § 8.20.180, and enacted a new § 8.20.180 as set out herein. The former § 8.20.180 pertained to parking lot—time restricted parking in downtown and derived from Ord. No. 1694 N.C.(2d), § 1, 4-8-2014.

15. Ord. No. 1797 N.C. (2d), § 1, adopted June 12, 2018, amended Ch. 8.56 in its entirety to read as herein set out. Former Ch. 8.56, §§ 8.56.010—8.56.050, pertained to operation of sound amplifying, loudspeaker, or lighting equipment, and derived from Ord. 32 N.C.(2d) §§ 17.01—17.05, 1971; Ord. 145 N.C.(2d) § 7 (part), 1973; Ord. 1313 N.C.(2d) § 1, 1994; Ord. 1378 N.C.(2d) § 1 (part), 1997.

16. Section 1 of Ord. No. 1694 N.C.(2d), adopted April 8, 2014, repealed and reenacted Chapter 8.20, which pertains to the same subject matter, and derived from Ord. No. 1669 N.C.(2d), adopted October 23, 2012.

17. Section 2 of Ord. No. 1694 N.C.(2d), adopted April 8, 2014, repealed and reenacted Ch. 8.24 to read as herein set out. Former Ch. 8.24 pertained to the same subject matter, and derived from Ord. 32 N.C.(2d), 1971; Ord. 145 N.C.(2d), 1973; Ord. 157 N.C.(2d), 1973; Ord. 294 N.C.(2d), 1975; Ord. 306 N.C.(2d), 1975; Ord. 650 N.C.(2d), 1982; Ord. 673 N.C.(2d), 1982; Ord. 1091 N.C.(2d), 1990; Ord. 1205 N.C.(2d), 1992; Ord. 1621 N.C.(2d), 2009; and Ord. No. 1665 N.C.(2d), adopted April 24, 2012.

18. Section 4 of Ord. No. 1669 N.C.(2d), adopted October 23, 2012, amended Chapter 8.26 in its entirety to read as herein set out. Former Chapter 8.26 pertained to similar subject matter, consisted of §§ 8.26.010—8.26.030, and derived from Ord. 32 N.C.(2d), 1971, and Ord. 157 N.C.(2d), 1973.

19. Ord. No. 1842 N.C. (2d), § 1, adopted March 10, 2020, repealed the former ch. 8.56, §§ 8.56.010—8.56.110, which pertained to 'operation of sound amplifying device or lighting equipment', and derived from Ord. No. 1797 N.C. (2d), § 1, adopted June 12, 2018.

20. Sections 5 and 6 of Ord. No. 1669 N.C.(2d), adopted October 23, 2012, repealed § 8.58.010, which pertained to handicapped parking in municipal parking lots and derived from Ord. 370 N.C.(2d), 1977, and renumbered § 8.58.020 as § 8.58.010.

21. Ord. No. 1876 N.C. (2d) , § 2, adopted December 17, 2024, repealed § 8.40.100, which pertained to Placing objects on streets—Stops by vendors selling merchandise and derived from Ord. 145 N.C.(2d) § 4, 1973: Ord. 32 N.C.(2d) § 14.00, 1971.