The purpose of this article is to prohibit taking part in, spectating,
and/or aiding in street racing exhibitions within the city limits.
(Ordinance 2319 adopted 8-22-2022)
The following words, terms, and phrases used in this division
shall have the meanings as set forth in this section.
Days.
Calendar days including weekends and holidays.
Exhibition of acceleration.
The acceleration of a motor vehicle, whether originally stopped
or moving, in such a manner as to cause a tire on the vehicle to excessively
spin or lose traction, to cause the driving wheels to create a loud
noise, to cause the front wheel or wheels to leave the driving surface
(commonly known as a "wheelie") or to cause the rear portion of the
vehicle to sway or swing from side to side.
Immediate family.
Spouse, father, mother, sister, or brother by consanguinity
or affinity.
Off-street parking facility.
Any public or private off-street parking area open for use
by the public for parking vehicles, other than a private residential
property or the parking area of a garage or parking lot for which
a charge is made for the storing or parking of vehicles.
Preparations.
For a street race or reckless driving exhibition include,
but are not limited to, any of the following acts knowingly done for
the purpose of causing a street race or reckless driving exhibition:
(1)
One or more motor vehicles and persons at a predetermined location
on a public street, highway, or off-street parking facility;
(2)
One or more persons gathered on, or adjacent to, a public street
or highway;
(3)
One or more persons gathered in an off-street parking facility;
(4)
One or more persons impeding the free public use of a public
street, highway, or off-street parking facility by acts, words, or
physical barriers;
(5)
One or more motor vehicles lined up on a public street, highway,
or off-street parking facility with motors running, impeding the free
public use of a public street, highway, or off-street parking facility
or being a physical barrier;
(6)
One or more drivers 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
starter.
Spectator.
Any person who is present at a street race, reckless driving
exhibition, or the site of the preparations for either of these events,
when such presence is the result of an affirmative choice for the
purpose of viewing, observing, watching, betting, gambling, recording,
transmitting, or witnessing the event as it progresses.
Street race.
Any motor vehicle race, speed contest, drag race, acceleration
contest, or test of physical endurance of the operator of a motor
vehicle as defined in section 545.420 of the Texas Transportation
Code, as amended.
(Ordinance 2319 adopted 8-22-2022)
A person commits an offense if they knowingly allow street racing,
reckless driving exhibitions, or preparations for street racing or
reckless driving exhibitions to occur on the premises that the person
owns, operates, or controls.
(Ordinance 2319 adopted 8-22-2022)
(a) In general.
It shall be unlawful for any person to be
knowingly present as a spectator:
(1)
At a street race conducted on a public street or highway;
(2)
At a reckless driving exhibition conducted on a public street,
highway, or off-street parking facility;
(3)
Where preparations are being made for a street race conducted
on a public street or highway; or
(4)
Where preparations are being made for a reckless driving exhibition
conducted on a public street, highway, or in an off-street parking
facility.
(b) Exemption.
Nothing in this section prohibits law enforcement
officers or their agents who are acting in the course of their official
duties, or media or news personnel who are reporting on the event
from being spectators at a street race or reckless driving exhibition,
or spectators at the location of preparations for either of these
activities.
(Ordinance 2319 adopted 8-22-2022)
(a) Any person who violates any provision of this article is guilty of
an offense.
(b) An offense under this article is punishable by a criminal fine of
not more than $500.00.
(Ordinance 2319 adopted 8-22-2022)
It is a defense to prosecution under this section if the person
who owns, operates, or controls the premises within 10 days of receiving
a citation pursuant to this section:
(a) Submits a criminal trespass affidavit to the city police department;
and
(b) Takes reasonable and appropriate measures to make the property inaccessible
to the public during non-business hours.
(Ordinance 2319 adopted 8-22-2022)