As used in this chapter, the following terms and phrases shall have the following meanings:
"Off street parking facility"
has the same meaning as set forth in subdivision (c) of California Vehicle Code Section 12500, as may be amended from time to time, and includes, without limitation, any public or private parking facility open and accessible to members of the public.
A person is "present" at a street race or reckless driving exhibition
if that person is within two hundred feet of the location of the street race or reckless driving exhibition, or within two hundred feet of the site of preparations for a race or exhibition.
"Reckless driving exhibition"
means any exhibition of reckless driving referred to in California Vehicle Code Section 23103, as may be amended from time to time.
"Spectator"
means any person who is present at a street race or reckless driving exhibition for the purpose of viewing, observing, watching, or witnessing the race or exhibition, without regard to the means by which the person arrived.
"Street race" or "street racing"
means any speed contest or exhibition of speed referred to in California Vehicle Code Section 23109, as may be amended from time to time.
(Ord. 1707 § 2, 2022)
It is unlawful for any person to engage in or to aid and abet, any street race or reckless driving exhibition conducted on a public street or highway or in an off street parking facility. A person "aids and abets" a street race or reckless driving exhibition by doing any of the following with the intent to aid, abet, encourage, support, advance, or further a street race or reckless driving exhibition:
A. 
Arrives in a motor vehicle at a predetermined location on a public street or highway or in an off street parking facility;
B. 
Gathers with one or more persons on or adjacent to a public street or highway or off street parking facility;
C. 
Impedes or alters the general flow of vehicular and pedestrian traffic on any public street, highway, or off street parking facility through the use of verbal directions or demands, physical or other hand gestures, or physical barriers, including, but not limited to, a motor vehicle or physical person; or
D. 
Actively participates or engages in street race or reckless driving exhibition through means other than use of a motor vehicle, including, but not limited to, standing or sitting in a predetermined location for the purpose of acting as a race starter, referee, or judge, or being a passenger in a motor vehicle that is used in a street race or reckless driving exhibition.
(Ord. 1707 § 2, 2022)
A. 
Notwithstanding any other provision of law, admissible evidence to establish a violation of Section 10.60.030 may include, but is not limited to, whether the person charged has previously participated in, aided or abetted, or been a spectator at a street race or reckless driving exhibition. To the fullest extent permitted by law, evidence of prior act(s) shall be admissible to show the plan, opportunity, intent, knowledge, identity and/or propensity of the person charged to engage in, aid or abet, or be a spectator at a street race or a reckless driving exhibition if the prior act(s) occurred within three years of the presently charged offense. The prior act(s) may also be admissible to show that, in the absence of a mistake or accident, the person charged had knowledge that a street race or reckless driving exhibition was taking place.
B. 
In addition to the circumstances in subsection A above, and notwithstanding any other provision of law, admissible evidence that is relevant to establishing a violation of this chapter may include, but is not limited to, any of the following:
1. 
The time of day;
2. 
The nature and description of the scene, including the number and configuration of traffic lanes;
3. 
The number of people at the scene;
4. 
The location of the person charged in relation to any person or group of persons present at the scene;
5. 
The number and types of motor vehicles at the scene;
6. 
That the motor vehicles at the scene have been modified or altered to increase power, handling, or visual appeal;
7. 
That the person charged drove or was transported to the scene; or
8. 
That the person charged admitted to aiding and abetting or being a spectator at a street race or reckless driving exhibition.
(Ord. 1707 § 2, 2022)
Violations of this chapter may be prosecuted by the city attorney as an infraction or a misdemeanor, at the discretion of the citing peace officer and city attorney, pursuant to Chapter 1.04 of the Buena Park Municipal Code. The remedies provided by this chapter are cumulative and in addition to any other remedies available by law.
(Ord. 1707 § 2, 2022)