The City of Escondido finds and declares that 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 within the City of Escondido
have been the site 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 within the City of Escondido. The
illegal street races occur on a regular basis on various streets within
the city. Large groups of racers and spectators gather on these streets
late at night and in the early morning hours, blocking the streets
and sidewalks to traffic, placing bets, and otherwise encouraging,
aiding, and abetting the racing process.
Illegal street racers accelerate to high speeds without regard
to oncoming traffic, pedestrians, or vehicles parked or moving nearby.
The racers drive quickly from street to street, race for several hours.
and then move to other locations upon the arrival of the police. Those
who participate in this illegal activity are very sophisticated, using
cell phones, police scanners, and other electronic devices to communicate
with each other to avoid arrest. They also use the internet to provide
information on where to race, and give advice on how to avoid detection
and prosecution. Traffic accidents, property crimes, and calls for
police service have increased dramatically as a result of such activities.
In many cases, illegal street races have the potential to attract
hundreds of spectators. 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 article makes evidence of specified prior acts admissible
to show the propensity of the defendant to be present at or attend
illegal street races, if the prior act or acts occurred within three
years of the presently charged offense.
This article is adopted to prohibit spectators at illegal street
races with the aim of significantly curbing this criminal activity.
The article 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. No. 2003-27(R), § 1, 7-9-03)
means any speed contest or exhibition of speed referred to
in California Vehicle Code sections 23109(a) and 23109(c).
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 engine or spinning his 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.
means any individual who is present at an illegal motor vehicle
speed contest or 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.
(Ord. No. 2003-27(R), § 1, 7-9-03)
(a)
Any
individual who is 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 is guilty
of a misdemeanor subject to a maximum of six months in jail and a
fine of $1,000, or both.
(b)
Any
individual who is 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 is guilty of a misdemeanor subject to a maximum
of six months in jail and a fine of $1,000, or both.
(c)
An
individual is 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. No. 2003-27(R), § 1, 7-9-03)
Notwithstanding any other provision of law, to prove a violation
of section 28-282, 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;
(j)
that
the individual charge 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. No. 2003-27(R), § 1, 7-9-03)
The list of circumstances set forth in section 28-283 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 within the City of Escondido.
(Ord. No. 2003-27(R), § 1, 7-9-03)
