The Council finds and declares that pursuant to California Vehicle
Code Section 23109, motor vehicle speed contests and exhibitions of
speed conducted on public 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 Santee have been or have the potential
to be the site of illegal street racing. 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 Santee.
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
their 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 as a result of these illegal drag races
have increased dramatically.
At illegal drag races, sometimes hundreds of racers and spectators
gather late at night and in the early morning hours, blocking the
streets and sidewalks to traffic, forming a racetrack area, placing
bets, and otherwise encouraging, aiding and abetting the racing process.
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 chapter is adopted to prohibit spectators at illegal street
races with the aim of significantly curbing this criminal activity.
The chapter 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. This chapter
additionally 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.
(Ord. 563 § 3, 2019)
"Preparations"
for the illegal motor vehicle speed contest or exhibition
of speed 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 or her engine or spinning
his or her 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.
"Spectator"
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. 563 § 3, 2019)
Notwithstanding any other provision of law, to prove a violation of Section
10.20.030, admissible evidence may include, but is not limited to, any of the following:
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 charged 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. 563 § 3, 2019)
The list of circumstances set forth in Section
10.20.040 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 Santee.
(Ord. 563 § 3, 2019)