CHAPTER 14
SPECTATORS PROHIBITED AT ILLEGAL SPEED CONTESTS OR EXHIBITIONS OF SPEED
Sections:
§ 41403 Spectators at Illegal Speed Contests or Exhibitions of Speed – Violation.
§ 41404 Relevant Circumstances to Prove a Violation.
41401 Purpose.
The City of Carson 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 more commonly known as street races or drag races. Streets within the City have been the site of illegal street racing over the past several years. 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 and residents to enjoy the use of their property within the City. Illegal street races occur on a regular basis on various streets within the City. Groups of racers and spectators gather on City streets late at night and in the early morning hours, blocking the streets and sidewalks to traffic, placing bets, and otherwise encouraging, aiding, and abetting the racing process.
Illegal street racers accelerate to high speeds without regard to oncoming traffic, pedestrians, or vehicles which are parked or moving nearby. The racers drive quickly from street to street, racing and then moving to other locations upon the arrival of the police. Participants 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 dramatically as a result of such activities.
In many cases, illegal street races have the potential to attract dozens of 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.
This Chapter is adopted to prohibit spectators at illegal street races with the aim of significantly curbing this criminal activity. In discouraging spectators, the act of organizing and participating in illegal street races will be discouraged. (Ord. 07-1381, § 1)
41402 Definitions.
For the purposes of this Chapter, certain words and phrases used in this Chapter shall be construed as set forth in this Section unless it is apparent from the entire context that a different meaning is intended.
(a) “Illegal speed contest” or “illegal exhibition of speed” means any speed contest or exhibition of speed referred to in California Vehicle Code Sections 23109(a) and 23109(c).
(b) “Preparations” for an illegal speed contest or exhibition of speed means, but is not limited to, situations in which (1) a group of motor vehicles or individuals has arrived at an illegal speed contest or exhibition of speed location for the purpose of participating in or being spectators at an illegal speed contest or exhibition of speed event; (2) a group of individuals has lined one (1) or both sides of a public street or highway for the purpose of participating in or being a spectator at an illegal vehicle speed contest or exhibition of speed event; (3) a group of individuals has gathered on private property open to the general public for the purpose of participating in or being a spectator at an illegal speed contest or exhibition of speed event; (4) one (1) or more individuals have impeded the free public use of a public street or highway by actions, words, or physical barriers for the purpose of conducting an illegal speed contest or exhibition of speed event; (5) two (2) or more vehicles have lined up with motors running for an illegal speed contest or exhibition of speed; (6) one (1) driver or more is revving his engine or spinning his tires in preparation for an illegal speed contest or exhibition of speed; or (7) an individual is stationed at or near one (1) or more motor vehicles, serving as a race starter for an illegal speed contest or exhibition of speed.
(c) “Spectator” means any individual who is present at an illegal speed contest or exhibition of speed, or at a location where preparations are being made for such event, for the purpose of viewing, observing, watching or witnessing the event as it progresses. “Spectator” includes any individual at the location of an illegal vehicle speed contest or exhibition of speed, without regard to how the individual arrived at such event. (Ord. 07-1381, § 1)
41403 Spectators at Illegal Speed Contests or Exhibitions of Speed – Violation.
It shall be unlawful for any individual to:
(a) Knowingly gather, attend, or assist an illegal speed contest or illegal exhibition of speed as defined by Vehicle Code Section 23109; or
(b) Knowingly gather, attend or assist in preparations for any such event.
The Public Services General Manager, or his or her designee, is authorized and directed to enforce and administer the provisions of this Chapter. Violations of this Chapter may be enforced by administrative proceeding, civil action, or by criminal action as an infraction or misdemeanor at the discretion of the prosecuting attorney, with the amount of any fine or criminal penalty established by the City Council. In any action, attorneys’ fees may be recovered by the prevailing party. (Ord. 07-1381, § 1)
41404 Relevant Circumstances to Prove a Violation.
Notwithstanding any other provision of law, to prove a violation of CMC 41403, 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 has previously participated in an illegal speed contest or exhibition of speed;
(g) That the individual charged has previously aided and abetted an illegal speed contest or exhibition of speed;
(h) That the individual charged has previously attended an illegal speed contest or exhibition of speed; or
(i) 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 speed contest was in progress. (Ord. 07-1381, § 1)