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)
A. 
It is unlawful for any person to be a spectator at a motor vehicle speed contest or motor vehicle exhibition of speed conducted on a public street or highway or on private property open to the general public without consent of the owner.
B. 
It is unlawful for any person to be a spectator at the location of preparations for a motor vehicle speed contest or motor vehicle exhibition of speed conducted on a public street or highway or on private property open to the general public without consent of the owner.
C. 
Nothing in this section prohibits law enforcement officers or their agents who are acting in the course of their official duties from being spectators at a street race or reckless driving exhibition or spectators at the location of preparations for either of these activities.
(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:
A. 
Time of day;
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)
A. 
Nuisance Vehicles.
Any vehicle used as part of a sideshow or in violation of California Vehicle Code Section 23103 relating to reckless driving is declared a nuisance, and the vehicle shall be enjoined and abated as provided in this chapter. Any person or his or her servant, agent, or employee who owns, leases, conducts or maintains any vehicle used for any of the purposes or acts prohibited is guilty of nuisance.
B. 
Declaration by Court. Upon proof that the vehicle was used as part of a sideshow, the court shall declare the vehicle a nuisance and order that it be forfeited, sold and the proceeds distributed as provided by this chapter.
C. 
Right, Title and Interest in Property. All right, title and interest in any vehicle that constitutes a nuisance under this chapter shall vest in the city.
D. 
Procedure for Seizure of Vehicle.
1. 
Vehicles subject to forfeiture under this chapter may be seized by a peace officer upon process issued by a court having jurisdiction over the vehicle. Seizure without a court order may be made if any of the following situations exist:
a. 
The seizure is incident to an arrest or a search under a valid search warrant;
b. 
There is probable cause to believe that the vehicle was used in violation of this chapter.
2. 
A peace officer seizing a vehicle shall complete a receipt in accordance with Section 1412 of the Penal Code and deliver it to the person out of whose possession such vehicle was seized.
3. 
An investigation shall be made by the public agency making the seizure as to any potential claimant to a vehicle whose right, title, interest or lien is of record in the Department of Motor Vehicles of this or any other state or appropriate federal agency. If the public agency finds that any person, other than the registered owner, is the legal owner, and the ownership did not arise subsequent to the date and time of arrest or seizure of the vehicle or notification of the forfeiture proceedings, it shall within three business days of the vehicle’s seizure, send a notice of seizure and notice of a hearing to the legal owner at his or her address appearing on the records of the Department of Motor Vehicles of this or any other state or any appropriate federal agency.
4. 
Where appropriate, a vehicle seized pursuant to this chapter may be held as evidence in any proceeding brought by the prosecuting agency.
(Ord. 1366 § 1, 2006)