§ 4-7

4-7-100 Definitions. ¶

For purposes of this chapter, the following definitions shall apply:

Offstreet parking facility means as defined in subdivision (c) of California Vehicle Code Section 12500, as may be amended.

Participant means any individual driving a vehicle which is found to have engage in a reckless driving exhibition, as referred to in California Vehicle Code Section 23103.

Passenger means any individual riding in a vehicle which is found to have engaged in a reckless driving exhibition or sideshow, as referred to in California Vehicle Code Section 23103.

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

One (1) or more motor vehicles and persons have arrived at a location on a public street or highway or in an offstreet parking facility for the purpose of participating in or observing a sideshow, street race or reckless driving exhibition;
One (1) or more persons have gathered on, or adjacent to, a public street or highway for the purpose of participating in or observing a sideshow, street race or reckless driving exhibition;
One (1) or more persons have gathered in an offstreet parking facility for the purpose of participating in or observing a sideshow, street race or reckless driving exhibition;
One (1) or more motor vehicles have lined up on a public street, highway, or offstreet parking facility with motors running for the purpose of participating in or observing a sideshow, street race or reckless driving exhibition;
One (1) or more drivers are revving a motor vehicle's engine or causing the motor vehicle's tires to spin; or
A person is standing or sitting in a location to act as a race starter.

Present means a spectator is within two hundred (200) feet of the location of the sideshow, 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 may be amended.

Scene means the location of the sideshow, street race or reckless driving exhibition or the location of the preparations for the sideshow, street race or reckless driving exhibition.

Sideshow means any exhibition of reckless driving referred to in California Vehicle Code Section 23103, as may be amended.

Spectator means any person who is present at a sideshow, street race or reckless driving exhibition, or the site of the preparations for any 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.

4-19

(Supp. No. 47)

4-7-110

TOWN OF WINDSOR CODE

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. (Ord. No. 2023-371, § 1, 2-1-2023)

4-7-110 Sideshows, Street Races, and Reckless Driving Exhibitions Prohibited on Public… ¶

It shall be unlawful for any person to:

Knowingly participate as a driver at a sideshow, street race or reckless driving exhibition conducted on a public street or highway; or in an offstreet parking facility.
Be knowingly present as a passenger at a sideshow, street race or reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility.

(Ord. No. 2023-371, § 1, 2-1-2023)

4-7-120 Spectators Prohibited at Sideshows, Street Races, and Reckless Exhibitions of Speed. ¶

a. It shall be unlawful for any person to:
1. Be knowingly present as a spectator at a sideshow, street race or reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility.
2. Be knowingly present as a spectator where preparations are being made for a sideshow, street race or reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility.
b. Nothing in this chapter prohibits peace officers, medical professionals, firefighters or their agents who are acting in the course of their official duties from being spectators at a sideshow, street race or reckless driving exhibition or spectators at the location of preparations for any of these activities.
(Ord. No. 2023-371, § 1, 2-1-2023)

4-7-130 Relevant Circumstances to Prove a Violation. ¶

a. 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 sideshow, street race or reckless driving exhibition;
2. That the person charged has previously aided and abetted a sideshow, street race, or reckless driving exhibition;
3. That the person charged has previously attended a sideshow, 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 sideshow, street race or reckless driving exhibition, or where a sideshow, 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 mistake or accident, or propensity of the defendant to be present at or attend a sideshow, 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 sideshow, street race or reckless driving exhibition was taking place.
b. In addition to the circumstances set out in subsection a. above, 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;

4-20

(Supp. No. 47)

PARKS AND RECREATION

4-7-150

The nature and description of the scene, including the number and configuration of traffic lanes;
The number of people at the scene;
The location of the person charged in relation to any person or group of persons present at the scene;
The number and descriptions of motor vehicles at the scene;

sand dollars ($1,000.00), unless at the discretion of the Town Attorney or District Attorney, the violation is reduced to an infraction.

  - b. Any person who violates this chapter or who aids in the violation of this chapter is liable for the actual damages caused by said violation, in such amount as may be determined by a jury or a court sitting without a jury. 

  - (Ord. No. 2023-371, § 1, 2-1-2023)

That the motor vehicles at the scene have been modified or altered to increase power, handling, or visual appeal;
That the person charged drove or was transported to the scene.

(Ord. No. 2023-371, § 1, 2-1-2023)

4-7-140 Promoting, Organizing, or Facilitating Spectators to Gather at Sideshows,… ¶

a. It shall be unlawful for any person to knowingly encourage, promote, instigate, assist, facilitate, aide, or abet the gathering of persons as spectators at a sideshow, street race or reckless driving exhibition conducted on a public street or highway; or conducted on a public street or highway, or offstreet parking facility.
b. It shall be unlawful for any person to knowingly encourage, promote, instigate, assist, facilitate, aide, or abet the gathering of persons as spectators where preparations are being made for a sideshow, street race or reckless driving exhibition conducted on a public street or highway, or in an offstreet parking facility.
(Ord. No. 2023-371, § 1, 2-1-2023)

4-7-150 Penalties for Violations. ¶

a. Any person who violates this chapter is guilty of a misdemeanor subject to a maximum of six (6) months in jail and a fine of one thou-

4-21

(Supp. No. 47)

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PARKS AND RECREATION

5-2-125

4-7-100 Definitions. ¶

4-7-110 Sideshows, Street Races, and Reckless Driving Exhibitions Prohibited on Public… ¶

4-7-120 Spectators Prohibited at Sideshows, Street Races, and Reckless Exhibitions of Speed. ¶

4-7-130 Relevant Circumstances to Prove a Violation. ¶

4-7-140 Promoting, Organizing, or Facilitating Spectators to Gather at Sideshows,… ¶

4-7-150 Penalties for Violations. ¶

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CHAPTER 2.

FACILITIES

Article 1.

Use of Facilities

4-7-100 Definitions. ¶

4-7-110 Sideshows, Street Races, and Reckless Driving Exhibitions Prohibited on Public… ¶

4-7-120 Spectators Prohibited at Sideshows, Street Races, and Reckless Exhibitions of Speed. ¶

4-7-130 Relevant Circumstances to Prove a Violation. ¶

4-7-140 Promoting, Organizing, or Facilitating Spectators to Gather at Sideshows,… ¶

4-7-150 Penalties for Violations. ¶

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CHAPTER 2.

FACILITIES

Article 1.

Use of Facilities

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