The Sunnyvale City Council finds and declares that serious and continuing nighttime street racing is an increasing problem on certain streets within the city. Reckless driving exhibitions, also known as sideshows, create an immediate threat to the health and safety of the public, interferes with pedestrian and vehicular access to city streets, and poses a nuisance. Those conducting street races also pose public safety concerns. Street racing participants accelerate vehicles at a high rate of speed without regard to traffic safety laws, oncoming traffic, pedestrians, or parked vehicles. Participants and spectators may move from street to street and block access to the illegal activity, then moving on to a different area upon the arrival of patrol units. These events are often heavily attended and promoted via social media sites. As a result, calls for service have increased.
(Ord. 3186-21 § 1)
For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms and phrases set forth in this section shall have the following meanings:
"Preparations"
include, but are not limited to, situations in which:
(1) 
A group of motor vehicles or individuals has arrived at a location for the purpose of participating in or being spectators at the reckless driving exhibition or street race;
(2) 
A group of individuals has lined one or both sides of a public street or roadway for the purpose of participating in or being a spectator at a reckless driving exhibition or street race;
(3) 
A group of individuals has gathered on private property open to the general public without the consent of the owner or operator for the purpose of participating in or being a spectator at a reckless driving exhibition or street race;
(4) 
One or more individuals has impeded the free use of a public street or roadway by actions, words, or physical barriers for the purpose of conducting the reckless driving exhibition or street race;
(5) 
One or more drivers is revving the engine of a car or spinning tires of a car in preparation for the reckless driving exhibition or street race; or
(6) 
A person is acting as a race starter.
"Present"
means a person who is within two hundred feet of the site of a reckless driving exhibition or street race, or within two hundred feet of the site of the preparation of either of these two activities.
"Reckless driving exhibition"
means any illegal speed contest or illegal exhibition of speed as defined by California Vehicle Code Section 23109, as may be amended.
"Spectator"
means any individual who is present at an illegal speed contest or illegal 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.
"Street race"
means any illegal speed contest, as defined by California Vehicle Code Section 23109, as may be amended, whether or not the race is attended by persons other than the drivers racing vehicles on city streets.
(Ord. 3186-21 § 1)
(a) 
It is unlawful for any individual to knowingly be present as a spectator at an illegal motor vehicle speed contest, exhibition of speed or sideshow.
(b) 
It is unlawful for any individual to knowingly be present as a spectator where preparations are being made for an illegal motor vehicle speed contest, exhibition of speed, or sideshow.
(c) 
It is unlawful for any individual to knowingly encourage, promote, instigate, assist, facilitate, aid, or abet the gathering of persons as spectators at an illegal motor vehicle speed contest, exhibition of speed, or sideshow on a public street, highway, or off-street parking facility.
(Ord. 3186-21 § 1)
Any violation of this chapter shall be declared to be unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or proceeding for abatement or removal, in the manner provided by law. Such remedies shall be in addition to any other judicial and administrative penalties and remedies available to the city under this code or under state law.
(Ord. 3186-21 § 1)
Notwithstanding any other provision of law, to prove a violation of this chapter, admissible evidence to show opportunity, intent, plan, knowledge, identity, absence of mistake, or propensity of the individual charged may include, but is not limited to, any of the following:
(a) 
The nature and circumstances surrounding the incident, and the nature of an individual's participation in or spectating at or promoting an incident, including such factors as the time of day, description of the scene, number of people and/or vehicles present, location of the subject relative to the involved vehicles, and actions taken by the subject (such as photography, videography, posting as a look out, and the like);
(b) 
That the individual charged has previously participated in or spectated an illegal street race or reckless driving exhibition in the city of Sunnyvale or another jurisdiction;
(c) 
That the individual charged has previously aided and abetted a speed race or reckless driving exhibition in the city of Sunnyvale or another jurisdiction;
(d) 
That the individual charged was previously present at a location were preparations were being made for a street race or reckless driving exhibition.
(Ord. 3186-21 § 1)