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:
"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)
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:
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)