ORDINANCE NO. 848
AN ORDINANCE OF THE
SPECTATORS AT ILLEGAL MOTOR VEHICLE
SPEED CONTESTS
AND EXHIBITIONS OF SPEED
Section 1. Findings
The Board of Supervisors of
the
That pursuant to California
Vehicle Code section 23109, motor vehicle speed contests and exhibitions of
speed on public streets and highways, more commonly known as “street races” or
“drag races”, are illegal; and
That the County has numerous
communities and areas where the local streets and highways provide ideal
conditions for these illegal motor vehicle speed contests and exhibitions of
speed that attracts these illegal
activities; and
That illegal motor vehicle
speed contests and exhibitions of speed on the streets and highways in the
unincorporated area of the County have become a broad community problem that
threatens public peace, health and safety, creates a public nuisance, and
interferes with the right of private businesses and property owners to enjoy
the use of their property in the County; and
That illegal motor vehicle
speed contests and exhibitions of speed attract hundreds of juveniles and
adults from all areas of southern
That illegal motor vehicle
speed contests and exhibitions of speed create a dangerous environment, with
traffic congestion and risk of serious injury or death for pedestrians and
vehicular traffic on local the streets and highways in the County; and
That illegal motor vehicle
speed contests and exhibitions of speed create an environment where persons
engage in automobile performance demonstrations and other activities known as
“side shows”; and
That illegal motor vehicle
speed contests and exhibitions of speed contest attract other criminal
activity, including but not limited to juvenile curfew violations, littering,
drinking in public, urinating in public, fights and disturbances, trespassing,
graffiti, and vandalism; and
That illegal motor vehicle
speed contests or exhibitions of speed have led to traffic accidents with
personal injuries; and
That illegal motor vehicle
speed contests and exhibitions of speed are planned and coordinated by
participants and spectators through the use of the Internet, cell phones,
police scanners and other electronic devices that allows them to move in their
vehicles spontaneously from one location to another to avoid detection and
prosecution by local law enforcement agencies; and
That illegal motor vehicle
speed contests and exhibitions of speed continue to occur despite asserted
efforts of local law enforcement agencies to detect and prevent these illegal
activities through enforcement of existing traffic laws; and
That the mere presence of
spectators at illegal motor vehicle speed contests and exhibitions of speed
serves to fuel the occurrence of illegal vehicle speed contests and exhibitions
of speed and, thereby, creates an environment for these illegal activities as
well as other illegal activities that place at risk the safety and welfare of
the public at risk; and
That by discouraging
spectators at illegal motor vehicle speed contests and exhibitions of speed,
the act of organizing and participating in these illegal activities will be
discouraged; and
That the County seeks to
promote the County’s interest in protecting and preserving the safety of
pedestrians and motorists in, about, or upon public streets and highways so as
to minimize any dangerous conditions caused by illegal motor vehicle speed
contests and exhibitions of speed, and to curb criminal or other dangerous
activity that poses a risk to the public’s safety and welfare surrounding
illegal street racing and exhibitions of speed.
Section 2.
Statement of Intent and Purpose
The streets within the unincorporated
areas of the County have been the site of continuing and escalating illegal
street races over the past several years despite asserted efforts of local law
enforcement agencies to prevent and otherwise abate this illegal activity
through the enforcement of existing traffic laws. Illegal motor vehicle speed contests and
exhibitions of speed are fueled by the presence of spectators and create an
environment in which these, as well as other, illegal activities can
flourish. Therefore, the intent and
purpose of this ordinance is to discourage the presence of spectators at
illegal vehicle speed contests and exhibitions of speed in the unincorporated
areas of the County.
This ordinance is not
intended to preempt state law governing the regulation of speed contests or
exhibitions of speed but rather compliment such laws by prohibiting spectators
at illegal motor vehicle speed contests and exhibitions of speed events.
Section 3. Definitions
For the purposes of this
ordinance, the following definitions shall apply:
“County” shall mean the
“Illegal motor vehicle speed
contest(s) or “Illegal exhibition of speed(s) shall mean any speed contest or
exhibition of speed referred to in California Vehicle Code sections 23109(a)
and 21309(c).
“Preparations” shall mean
those preparations for the illegal motor vehicle speed contest or exhibition of
speed including, but not limited to, situations in which: (1) a group of vehicles or individuals has
arrived at a location for the purpose of participating in or being spectators
at the event; (2) a group of individuals
has lined one or both sides of a public street or highway for the purpose of
participating in or being a spectator at the events; (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 the 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 the
event; (5) two or more vehicles have
lined up with motors running for an illegal motor vehicle speed contest or
exhibition of speed; (6) one or more
drivers is revving his engine or spinning his tires in preparation for the
event; or (7) an individual is stationed
at or near one or more motor vehicles serving as a race starter.
“Spectator” shall mean any
individual who is present at 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 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.
“Motor vehicle” shall mean a
vehicle as defined in California Vehicle Code section 415.
Section 4. Violation – Spectator at Illegal Motor
Speed Contests or Exhibitions of Speed
A. 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, at an illegal motor vehicle
speed contest or exhibition of speed is guilty of a misdemeanor subject to a
maximum of ninety (90) days in jail, or a fine of up to $1,000.
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 subject to a maximum of ninety (90) days in jail, or a
fine of up to $1,000.
C.
An individual is
present at the illegal motor vehicle speed contest or exhibition of speed if that
individual is within 200 feet of the location of the event, or within 200 feet
of the location where preparations are being made for the event.
D.
Exemption: Nothing in this section prohibits law
enforcement officers or their agents from being spectators at illegal motor
vehicle speed contests or exhibitions of speed in the course of their official
duties.
Section 5. Relevant Circumstances to Prove a Violation
Notwithstanding any other
provision of law, to prove a violation of Section 4., admissible evidence may
include, but is not limited to, any of the following:
(i)
the time of day;
(ii)
the nature and
description of the scene;
(iii)
the number of
people at the scene;
(iv) the
location of the individual charged in relation to any individual or group
present at the scene;
(v)
the number and
description of motor vehicles at the scene;
(vi)
that the
individual charged drove or was transported to the scene;
(vii) that the individual charged has previously
participated in an illegal motor vehicle speed contest or exhibition of speed;
(viii) that the individual charged has previously aided and
abetted an illegal motor vehicle speed contest or exhibition of speed;
(ix)
that the
individual charged has previously attended an illegal motor vehicle speed
contest or exhibition of speed;
(x)
that the
individual charged previously was 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 vehicle speed contest was in progress.
Section 6. Admissibility of Prior Acts
The list of circumstances
set forth in Section 5. is not exclusive.
Evidence of prior acts may be admissible to show 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 may always be admissible to show 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.
Section 7. Severability
If
any portion, provision, section, paragraph, sentence, or word of this ordinance
is rendered or declared to be invalid by any final court action in a court of
competent jurisdiction, or by reason of any preemptive legislation, the
remaining portions, provision, sections, paragraphs, sentences, and words of
this ordinance shall remain in full force and effect and shall be interpreted
by the court so as to give effect to such remaining portions of the ordinance.
Section 8. Effective Date
This
ordinance shall take effect thirty (30) days after adoption.
Adopted: 848
Item 9.1 of 09/13/2005 (Eff: 10/12/2005)