A.
The
Council for the City finds and declares that pursuant to California
Vehicle Code Section 23103, et seq., and 23109, et seq., motor vehicle
speed contests, reckless driving, and exhibitions of speed conducted
on public streets and highways; and reckless driving conducted on
public streets, highways, and off-street parking facilities, as defined
in California Vehicle Code Section 12500, et seq., are illegal. Motor
vehicle speed contests, reckless driving, and exhibitions of speed
are more commonly known as street races or drag races. Common acts
of reckless driving commonly occur during "sideshows" and motorcycle
"stunting." Streets and off-street parking facilities within the City
have been the sites of continuing and escalating illegal street racing,
"sideshows," and motorcycle "stunting" over the past several years.
B.
Street
racing, "sideshows," and motorcycle "stunting" pose an immediate threat
to the health and safety of the public, interfere with pedestrian
and vehicular traffic, create a public nuisance, and inhibit private
business owners from enjoying the use of their property within the
City. Hundreds of racers, "sideshow" participants, "stunters," and
spectators gather on the streets and off-street parking facilities
late at night and in the early morning hours, blocking the streets
and sidewalks to traffic, forming a racetrack, "sideshow", or stunt
area, placing bets, and otherwise encouraging, aiding, and abetting
the racing process.
C.
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 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 due to this illegal activity. In most
cases, illegal street races attract more than 100 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.
D.
This
chapter 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. The ordinance codified in this chapter
is adopted to prohibit spectators at illegal street races to significantly
decrease this criminal activity. It targets a clear, limited population
and gives proper notice to citizens as to which activities are lawful
versus unlawful. By discouraging spectators, the acts of organizing
and participating in illegal street races will be discouraged.
(Prior code § 10-430; Ord. 015-06 C.S. § 1)
For purposes of this chapter:
means any speed contest or exhibition of speed referred to
in California Vehicle Code Section 23109, et seq., and reckless driving
as referred to in California Vehicle Code Section 23103, et seq.
include, but are not limited to, situations in which:
A group of motor vehicles or individuals has arrived at a location
for the purpose of participating in, or being spectators at, the event;
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;
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;
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;
Two or more vehicles have lined up with motors running for an
illegal motor vehicle speed contest or exhibition of speed;
One or more drivers is revving his or her engine or spinning
his or her tires in preparation for the event; or
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, sideshow, motorcycle stunting 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.
(Prior code § 10-431; Ord. 015-06 C.S. § 1)
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 illegal exhibition of speed
is guilty of a misdemeanor subject to a maximum of six months in jail
and a fine of $1,000.00.
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 and subject to a
maximum of six months in jail and a fine of $1,000.00.
C.
Any
individual who is present at the illegal motor vehicle speed contest,
sideshow, and motorcycle stunting, or exhibition of speed if that
individual is within 200 feet of the location of the event, or within
200 feet of the locations where preparations are being made for the
event, is guilty of a misdemeanor and subject to a maximum of six
months in jail and a fine of $1,000.00.
D.
Exemption.
Nothing in this section prohibits law enforcement officers or their
agents from being spectators at illegal motor vehicle speed contests,
sideshows, motorcycle stunting, reckless driving, or exhibitions of
speed in the course of their official duties.
(Prior code § 10-432; Ord. 015-06 C.S. § 1)
A.
Relevant Circumstances to Prove a Violation. Notwithstanding any other provision of law, to prove a violation of Stockton Municipal Code Section 10.56.030, admissible evidence may include, but is not limited to, any of the following:
1.
The
time of day;
2.
The
nature and description of the scene;
3.
The
number of people at the scene;
4.
The
location of the individual charged in relation to any individual or
group present at the scene;
5.
The
number and description of motor vehicles at the scene;
6.
That
the individual charged drove or was transported to the scene;
7.
That
the individual charged has previously participated in an illegal motor
vehicle speed contest, sideshow, motorcycle stunting, or exhibition
of speed;
8.
That
the individual charged has previously aided and abetted an illegal
motor vehicle speed contest, sideshow, motorcycle stunting, or exhibition
of speed;
9.
That
the individual charged has previously attended an illegal motor vehicle
speed contest, sideshow, motorcycle stunting, or exhibition of speed;
or
10.
That the individual charged previously was present at a location
where preparations were being made for an illegal speed contest, sideshow,
motorcycle stunting, or exhibition of speed or where an exhibition
of speed, sideshow, motorcycle stunting, or illegal motor vehicle
speed contest was in progress.
B.
The list of circumstances set forth in subsection A of this section 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, sideshow, motorcycle stunting, 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, sideshow, motorcycle 'stunting, 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.
(Prior code § 10-433; Ord. 015-06 C.S. § 1)
