This chapter is adopted to prohibit gatherings for the purpose
of participating in, observing or otherwise supporting speed contests
or reckless driving exhibitions, commonly known as “sideshows,”
on the city streets, highways and off-street parking facilities. The
purpose of this law is to significantly curb this illegal and nuisance
activity. The law targets a very clear, limited population and gives
proper notice to citizens of the activities that are considered a
nuisance and prohibited under this chapter. In prohibiting spectators
at sideshow activities, the city intends to take a significant step
toward making its public streets, highways and off-street parking
facilities safe to pedestrians, motorists and the general public.
(Ord. 1366 § 1, 2006)
For purposes of this chapter, the following definitions shall
apply:
“Preparations”
for any sideshow include, but are not limited to, any of
the following acts done for the purpose of the sideshow:
1.
One or more motor vehicles or persons have arrived at a predetermined
location;
2.
One or more persons have impeded the free public use of a public
street or highway or off-street parking facility by acts, words or
physical barriers;
3.
One or more vehicles have lined up with engines running;
4.
One or more drivers is revving his or her engine or spinning
his or her tires; or
5.
A person is acting as a race or sideshow starter.
“Present”
means a person is within two hundred feet of the site of
a sideshow exhibition, or within two hundred feet of the site of the
preparations for these activities.
“Sideshow”
means any gathering of persons to participate in and observe
any motor vehicle speed contests or motor vehicle exhibitions of speed
defined or described in the California
Vehicle Code, Section 23109
or any reckless driving exhibition as defined or described in California
Vehicle Code Section 23103.
“Spectator”
means a person who is present at a sideshow, or the site
of the preparations for these activities, for the purpose of viewing,
observing, watching or witnessing either of these activities without
regard to the means by which the person arrived.
(Ord. 1366 § 1, 2006)
Notwithstanding any other provision of law, to prove a violation
of this chapter, admissible evidence may include, but is not limited
to, any of the following:
B. Nature
and description of the scene;
C. Number
of people gathered at the scene;
D. Number
and description of motor vehicles at the scene;
E. Whether
vehicles gathered at the scene are engaged in vehicular stunts and
maneuvers;
F. Whether
the individual charged has previously participated in or aided and
abetted in a sideshow.
(Ord. 1366 § 1, 2006)
The list of circumstances set forth in Section
10.64.040 is not exclusive. Evidence of prior acts may be admissible to show the propensity of a person to participate in if the prior act or acts occurred within three years of the presently charged offense. These prior acts may be admissible to show that a person had knowledge that a sideshow activity or reckless driving exhibition was taking place at the time of the presently charged offense.
(Ord. 1366 § 1, 2006)
This chapter does not prohibit members of law enforcement, the
medical profession or any other legitimate service provider from being
present at a sideshow or a reckless driving exhibition while in the
course of their official duties.
(Ord. 1366 § 1, 2006)
In addition to any other penalties authorized by law, the prosecuting
agency may charge a violation of this chapter as an infraction or
a misdemeanor. A misdemeanor may be punishable by a fine not to exceed
five hundred dollars for the first offense, seven hundred fifty dollars
for the second and one thousand dollars for any subsequent offense.
A misdemeanor may also be punishable by imprisonment not to exceed
six months, or by both a fine and imprisonment.
(Ord. 1366 § 1, 2006)