The following words, terms and phrases, when used in this article,
shall have the following meanings:
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.
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
any of the following acts done for the purpose of causing a street
race or reckless driving exhibition:
(1)
Causing one or more motor vehicles and persons to gather at
a predetermined location on a public street, highway, or off-street
parking facility;
(2)
Causing one or more persons to gather on, or adjacent to, a
public street or highway;
(3)
Causing one or more persons to gather in an off-street parking
facility;
(4)
Causing one or more persons to impede the free public use of
a public street, highway or off-street parking facility by acts, words
or physical barriers;
(5)
Causing one or more motor vehicles to line 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)
Causing one or more drivers to rev a motor vehicle, cause a
motor vehicle to present an exhibition of acceleration, or cause the
motor vehicle's tires to spin; or
(7)
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 a person attends for the purpose of viewing, observing,
watching, betting, gambling, recording, transmitting, or witnessing
the event as it progresses.
Street race.
Any 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 1468-23 adopted 2/27/2023]
(a) In general.
It shall be unlawful for any person to be
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. Additionally, nothing in this section shall prohibit spectators
from attending properly sanctioned, licensed, or legally authorized
racing events conducted pursuant to city or state regulations.
[Ordinance 1468-23 adopted 2/27/2023]
(a) In general.
A person commits an offense if they knowingly:
(1)
Allow street racing or reckless driving exhibitions to occur
on the premises that the person owns, operates or controls; or
(2)
Engage in preparations for street racing or reckless driving
exhibitions, as defined in this article.
(b) Defenses.
It is a defense to prosecution that the person
who owns, operates, or controls the premises:
(1)
Submitted a criminal trespass affidavit to law enforcement authorities
complaining of street racing or reckless driving exhibitions occurring
on the premises that the person owns, operates, or controls within
30 days prior to receiving a citation pursuant to this section; and
(2)
Took reasonable and appropriate measures to make the property
inaccessible to the public during nonbusiness hours.
(c) Exemption.
Nothing in this section shall prohibit participation
in properly sanctioned, licensed, or legally authorized racing events
conducted pursuant to city or state regulations.
[Ordinance 1468-23 adopted 2/27/2023]
(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 1468-23 adopted 2/27/2023]