The Council for the City of Encinitas 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 commonly known as street races or drag races.
Streets within the County of San Diego have been the site of
continuing and escalating 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.
Illegal street racers accelerate to high speeds without regard
to oncoming traffic, pedestrians, or vehicles parked or moving nearby.
Traffic accidents, property crimes, and calls for police service have
increased dramatically where these illegal activities occur.
In most cases, illegal street races attract hundreds of spectators.
The mere presence of spectators at these events fuels the illegal
street racing and creates an environment in which these activities
can flourish. Specifically, 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.
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.
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.
(Ord. 2003-15)
means any speed contest or exhibition of speed which is commonly
known as drag racing and 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 or her engine or spinning his or her tires in preparation for
the event; (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. 2003-15)
A.
Any
individual who is knowingly present as 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.
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.
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. 2003-15)
Notwithstanding any other provision of law, to prove a violation of Section 9.80.030, 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 charged previously was present where preparations were
being made for an illegal motor vehicle speed contest or exhibition
of speed or where an illegal motor vehicle speed contest or exhibition
of speed was in progress.
(Ord. 2003-15)
The list set forth in Section 9.80.040 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 Encinitas.
(Ord. 2003-15)
If any section, subsection, sentence, clause, phrase or portion
of this chapter is for any reason held to be invalid or unconstitutional
by the decision of any court of competent jurisdiction, such decision
shall not affect the validity of the remaining portions of this chapter.
The City Council hereby declares that it would have adopted the ordinance
codified in this chapter and each section, subsection, sentence, clause,
phrase or portion thereof irrespective of the fact that any one or
more sections, subsections, sentences, clauses, phrases or portions
be declared invalid or unconstitutional.
(Ord. 2003-15)
