ORDINANCE NO. 848

AN ORDINANCE OF THE COUNTY OF RIVERSIDE PROHIBITING

SPECTATORS AT ILLEGAL MOTOR VEHICLE SPEED CONTESTS

 AND EXHIBITIONS OF SPEED

 

 

Section 1.     Findings

 

The Board of Supervisors of the County of Riverside finds:

 

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 California on a regular basis to participate or to be a spectator at these events; and

 

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 County of Riverside and its respective agencies and departments.

 

“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)