This Chapter is adopted pursuant to Article XI, Section 7 of the California Constitution and California Vehicle Code Sections 21100 and 22519 for the purpose of protecting public health and safety by prohibiting spectators at reckless driving exhibitions and street races. This Chapter is intended supplement California law and abate the public nuisance caused by spectators at street races as defined in this Chapter.
(Ord. 1403 § 2, 9/28/20)
Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this Chapter. Undefined words and phrases have the same meaning as set forth in this code or the California Vehicle Code, including, without limitation, Vehicle Code Sections 23103 ("motor vehicle speed contest") and 23109 ("street race").
"Preparations"
means organizing a street race, including, without limitation, situations in which:
1. 
One or more vehicles or spectators are present at a scene;
2. 
Spectators are present on one or both sides of a public street or highway;
3. 
Spectators are gathered in an off-street parking facility;
4. 
One or more persons impede the free public use of a public street, highway, or off-street parking facility by acts, words or physical barriers;
5. 
One or more motor vehicles are lined up next to one another at a scene with motors running;
6. 
One or more motor vehicle drivers is revving a motor vehicle's engine or causing the motor vehicle's tires to spin;
7. 
A spectator is present at a scene to act as a race starter; or
8. 
Spectators are present on private property open to the general public without the consent of the owner, operator, or agent.
"Present"
means a person is within 200 feet of a scene.
"Scene"
refers to the location of, or preparations for, a street race.
"Spectator"
means any person who is present at a scene to view, observe, watch, prepare, or encourage a street race. A "spectator" includes any person at a scene without regard to that person's method of arrival.
"Street race"
means any one or more of the following:
1. 
"Exhibition of speed on a highway"
as described in Vehicle Code Section 23109(c).
2. 
"Motor vehicle speed contest"
as described in Vehicle Code Section 23109(a).
3. 
"Reckless driving on a highway"
as described in Vehicle Code Section 23103(a).
4. 
"Reckless driving in an off-street parking facility"
as described in Vehicle Code Section 23103(b).
(Ord. 1403 § 2, 9/28/20)
It is unlawful for a spectator to be present at a scene, including, without limitation, at an off-street parking facility.
(Ord. 1403 § 2, 9/28/20)
Nothing in this Chapter prohibits law enforcement officers or their agents who are acting in the course of their official duties from being present at a scene.
(Ord. 1403 § 2, 9/28/20)
The City Attorney or District Attorney are authorized to prosecute any violation of this Chapter in accordance with Chapter 1.08 of this Code.
(Ord. 1403 § 2, 9/28/20)
A. 
To prove a violation of this Chapter, admissible evidence may include, without limitation, any of the following:
1. 
That the person charged previously participated in or been a spectator at a street race;
2. 
That the person charged previously aided and abetted street racing;
3. 
That the person charged previously attended a street race; or
4. 
That the person charged was previously present at a scene.
B. 
Evidence of these prior acts may be admissible, to the fullest extent permissible by law, to show the opportunity, intent, plan, knowledge, identity, or the absence of a mistake or accident, or propensity of a person to be present at or attend a street race 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 street race was taking place.
C. 
In addition to the circumstances set forth above, and notwithstanding any other provision of law, to prove a violation of this Chapter, aggravating circumstances may also include, without limitation, 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 descriptions of motor vehicles at the scene, including, without limitation, whether the motor vehicles were modified or altered to increase power, handling, or visual appeal.
(Ord. 1403 § 2, 9/28/20)
To the extent required by applicable law, signs giving reasonable notice of the prohibitions contained in this Chapter will be erected as required by the Vehicle Code.
(Ord. 1403 § 2, 9/28/20)