Chapter 4.14
PROHIBITION AGAINST SPECTATORS AT VEHICLE SIDESHOWS
Sections:
4.14.04 Declaration of sideshows as a nuisance.
4.14.05 Attending sideshows is prohibited.
4.14.06 Promoting sideshows is prohibited.
4.14.07 Relevant circumstances to prove a violation.
4.14.01 Findings.
In adopting this chapter, the Council makes the following findings:
(a) Pursuant to California Vehicle Code Sections 23103 and 23109, motor vehicle speed contests and exhibitions of speed such as street races and reckless driving exhibitions conducted on public streets and highways are illegal. Although there are laws against aiding and abetting speed contests or exhibitions of speed, the law is silent as to the other spectators who knowingly attend and encourage the furtherance of such illegal activity.
(b) Per Foley v. Superior Court, local ordinances that criminalize attending an illegal speed contest or exhibition of speed are not preempted by state law. (Foley v. Superior Court (2004) 117 Cal.App.4th 206.)
(c) Illegal speed contests and exhibitions of speed often generate spectators who gather to help set up, aid, and witness the illegal exhibition.
(d) Illegal speed contests and exhibitions of speed are dangerous to both the drivers participating in the illegal exhibition and the public in general, including spectators, businesses, residents, pedestrians and drivers not participating in the exhibition.
(e) As police officers respond to sideshows, spectators often interfere with the officers’ ability to arrest participants engaged in illegal speed contests or exhibitions of speed as spectators will block the officers’ vehicles by standing in the street or blocking the street with their vehicles so the participants who engaged in the illegal speed contests and exhibitions of speed can escape arrest.
(f) When sideshows are dispersed following a police response, danger to spectators and the general public occurs due to the vehicles fleeing the scene at high rates of speed.
(g) Vehicles speeding and spinning their tires on City streets cause complaints from citizens due to the excessive noise generated by the illegal activity.
(h) Illegal speed contests and exhibitions of speed cause damage to City streets.
(i) Sideshows often result in trash and debris left on City streets by spectators.
(j) Sideshows cause impediments to normal traffic as spectators block City streets to facilitate the illegal speed contests and exhibitions of speed.
(k) The presence of spectators at these events encourages the illegal speed contests and exhibitions of speed.
(l) The Clovis Police Department has responded to numerous sideshows within the City, expending limited police resources to combat these issues, and the number of the sideshows has increased in recent years in Clovis and throughout Fresno County.
(m) The City of Clovis has a compelling interest in curbing the dangers from speed contests, exhibitions of speed, reckless driving, and sideshows. This chapter is a valid exercise of the City’s police power to discourage or prevent further illegal activity, and the regulations of this chapter are narrowly tailored to serve that compelling interest. (§ 1, Ord. 23-04, eff. July 19, 2023)
4.14.02 Purpose.
This chapter is enacted to prohibit spectators at sideshows on public streets and highways, public property, and off-street parking facilities, and to prohibit the gathering of spectators at these events. The purpose of this chapter is to prohibit this unsafe activity. These regulations target very clear and limited activities and provide proper notice to the public of the activities that are considered a nuisance and prohibited under this chapter. In prohibiting spectators at sideshows and the promotion of sideshows, the City intends to take a significant step toward protecting the public health and safety by making its streets and highways safer to pedestrians, motorists, and the general public. (§ 1, Ord. 23-04, eff. July 19, 2023)
4.14.03 Definitions.
As used in this chapter, the following definitions shall apply:
(a) “Sideshow” means a gathering, procession, or assemblage of at least two (2) or more persons that block or impede traffic on a street, highway, or off-street parking facility for the purpose of exhibiting either a speed contest, exhibition of speed, reckless driving, or illegal and/or dangerous motor vehicle stunts and/or maneuvers in the presence of at least one spectator.
(b) “Exhibition of speed” or “speed contest” means any illegal speed contest or illegal exhibition of speed referred to in California Vehicle Code Section 23109, and any reckless driving as referred to in California Vehicle Code Section 23103, as either code section may be amended. These definitions include but are not limited to a motor vehicle engaging in activities commonly referred to as burnouts, donuts, and figure eights wherein a motor vehicle is accelerated in such a manner to cause the tires to lose traction, cause the motor vehicle to spin, and generate excessive noise and smoke from the tires.
(c) “Spectator” means any person who is knowingly present at a sideshow, or at a location where preparations for a sideshow are being made, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. A “spectator” includes any person present at the location of the event without regard to the means by which the person arrived.
(d) “Knowingly” refers to an individual being aware of the facts, circumstances, or situations which bring the prohibited act(s) within the terms of this chapter. It does not require any knowledge of the unlawfulness of such acts.
(e) “Present” means the individual is on a public street or highway, public property, an off-street parking facility, or private property without the consent of the owner, operator, or agent thereof, and the individual is within one hundred fifty feet (150') of the location of the sideshow, or within one hundred fifty feet (150') of the location where preparations are being made for a sideshow.
(f) “Preparations” for a sideshow include, but are not limited to, any of the following:
(1) At least three (3) motor vehicles and at least three (3) persons have arrived at a predetermined location on a public street, highway, any public property, or off-street parking facility to engage in a sideshow;
(2) At least two (2) individuals have gathered on, or adjacent to, one or both sides of a public street or highway;
(3) One or more persons have impeded the free public use of a public street, highway, any public property, or off-street parking facility by actions, words, or physical barriers for the purpose of conducting a sideshow;
(4) Two (2) or more motor vehicles have lined up, on a public street, highway, any public property, or off-street parking facility with engines running, for a speed contest or exhibition of speed;
(5) One or more drivers are revving their engine or spinning their tires in preparation for a speed contest or exhibition of speed;
(6) An individual is stationed near one or more motor vehicles to initiate a speed contest or exhibition of speed.
(g) “Promote” shall mean the act of any person putting forward, publicizing, advertising, encouraging, or instigating others to participate or attend a sideshow. This includes but shall not be limited to social media posts, text messages, flyers, signs, and any written or verbal communications to publicize a sideshow.
(h) “Off-street parking facility” shall have the same meaning as California Vehicle Code Section 12500(c), as may be amended.
(i) “Scene” means the location of a sideshow or the location of the preparations for the sideshow. (§ 1, Ord. 23-04, eff. July 19, 2023)
4.14.04 Declaration of sideshows as a nuisance.
Sideshows, preparations and promotion for a sideshow, and the attendance of sideshows, in the City of Clovis, are each hereby declared to be a nuisance. (§ 1, Ord. 23-04, eff. July 19, 2023)
4.14.05 Attending sideshows is prohibited.
It shall be unlawful for any person to: (1) be a spectator at a sideshow conducted on a public street or highway, or off-street parking facility, within the City; or (2) be a spectator where preparations are being made for a sideshow conducted on a public street or highway, or off-street parking facility, within the City.
Nothing in this section prohibits law enforcement officers, medical professionals, firefighters or any person not a spectator from being present at a sideshow in the course of their official duties. (§ 1, Ord. 23-04, eff. July 19, 2023)
4.14.06 Promoting sideshows is prohibited.
It shall be unlawful for any person to knowingly promote: (1) the gathering of persons as spectators at a sideshow conducted on a public street or highway, or off-street parking facility, or (2) the gathering of persons as spectators where preparations are being made for a sideshow conducted on a public street or highway, or off-street parking facility. (§ 1, Ord. 23-04, eff. July 19, 2023)
4.14.07 Relevant circumstances to prove a violation.
(a) Notwithstanding any other provision of law, to prove a violation of any provisions of this chapter, 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 individuals at the scene;
(4) The location of the individual charged in relation to any individual, group, or motor vehicles present at the scene;
(5) The number and description of the motor vehicles present at the scene;
(6) The individual charged with a violation of this chapter knowingly drove or was transported to the scene;
(7) The individual charged has previously participated in a speed contest, exhibition of speed, or sideshow;
(8) The individual charged has previously aided and abetted, or helped in the preparations of a sideshow;
(9) The individual charged was previously present at a location as a spectator where a sideshow was in progress;
(10) The individual charged was recording the sideshow as the event was in progress;
(11) The individual charged posted information relating to the time and/or location of a sideshow on a social media account that they own, are associated with, or have access to;
(12) The individual charged has previously posted information relating to the time and/or location of a sideshow on a social media account that they own, are associated with, or have access to; and
(13) Prior acts relating to sideshows are relevant, whether they occurred within or outside the City. (§ 1, Ord. 23-04, eff. July 19, 2023)
4.14.08 Violations.
(a) Any person who violates any provision of this chapter is guilty of a misdemeanor, punishable by imprisonment in the county jail not to exceed six (6) months, or a fine not to exceed one thousand and no/100ths dollars ($1,000.00), or both. The City Attorney maintains the discretion to charge any violation of this chapter as an infraction.
(b) Any spectator arrested for a violation of any provision of this chapter is subject to having their vehicle towed and impounded from the scene in accordance with California Vehicle Code Sections 22651(h) and 22655.5(a). The legal owner of the towed vehicle may be required to pay the City’s towing and storage fees pursuant to California Vehicle Code Section 22850.5. (§ 1, Ord. 23-04, eff. July 19, 2023)
4.14.09 Severability.
If any article, section, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this chapter. The Council hereby declares that it would have adopted this chapter and adopted each article, section, sentence, clause or phrase thereof, irrespective of the fact that any one or more articles, sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional. (§ 1, Ord. 23-04, eff. July 19, 2023)