The City Council for the City of Imperial Beach finds and declares pursuant to California Vehicle Code Section 23109, motor vehicle speed contests and exhibitions of speed conducted on public streets and highways are illegal. Motor vehicle speed contests and exhibitions of speed are more commonly known as street races or drag races. Streets and highways within the County of San Diego have been the sites of illegal street racing over the past several years. Such street racing threatens the health and safety of the public, interferes with pedestrian and vehicular traffic, creates a public nuisance, and interferes with the right of private business owners to enjoy the use of their property. The mere presence of spectators at these events fuels the illegal street racing and creates an environment in which these illegal activities can flourish.
This chapter is adopted to prohibit spectators at illegal street races with the aim of significantly curbing this criminal activity. It targets a very clear, limited population and gives proper notice to citizens as to what activities are lawful and what activities are unlawful. In discouraging spectators, the act of organizing and participating in illegal street races will be discouraged.
(Ord. 2003-1012 § 1)
As used in this chapter:
"Illegal motor vehicle speed contest" or "illegal exhibition of speed"
means any speed contest or exhibition of speed referred to in California Vehicle Code Section 23109(a) and (c).
"Preparations for the illegal motor vehicle speed contest or exhibition of speed"
mean and 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 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 event; (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 or her engine or spinning his or her 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"
means any individual who is present at an illegal motor vehicle speed contest or exhibition of speed, or at the 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.
(Ord. 2003-1012 § 1)
A. 
It is unlawful for any individual to be 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.
B. 
It is unlawful for any individual to be 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.
C. 
It is unlawful for any individual to be 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.
(Ord. 2003-1012 § 1)
Notwithstanding any other provision of law, to prove a violation of Section 9.60.030, admissible evidence may include, but is not limited to, any of the following:
A. 
The time of day;
B. 
The nature and description of the scene;
C. 
The number of people at the scene;
D. 
The location of the individual charged in relation to any individual or group present at the scene;
E. 
The number and description of motor vehicles at the scene;
F. 
That the individual charged drove or was transported to the scene;
G. 
That the individual charged has previously participated in an illegal motor vehicle speed contest or exhibition of speed;
H. 
That the individual charged has previously aided and abetted an illegal motor vehicle speed contest or exhibition of speed;
I. 
That the individual charged has previously attended an illegal motor vehicle speed contest or exhibition of speed; and
J. 
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 motor vehicle speed contest was in progress.
(Ord. 2003-1012 § 1)
The list of circumstances set forth in Section 9.60.040 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. Prior acts are not limited to those that occurred in the City of Imperial Beach.
(Ord. 2003-1012 § 1)
Violations of this chapter may be charged as either an infraction or a misdemeanor in accordance with Chapter 1.12 of the Imperial Beach Municipal Code.
(Ord. 2003-1012 § 1)