3-36
UNLAWFUL SPECTATING AT STREET RACES, MOTOR VEHICLE SPEED CONTESTS, AND SIDESHOW SCENES:

3-36.1 Purpose:

This section is adopted pursuant to article XI, section 7 of the California Constitution and California Vehicle Code sections 21100 and 22519 for the purpose of protecting public health and safety by prohibiting spectators at reckless driving exhibitions and street races. This section is intended to supplement California law and abate the public nuisance caused by spectators at street races as defined in this section. (Ord. #1738, §2)

3-36.2 Definitions:

Unless the contrary is stated or clearly appears from the context, the following definitions govern the construction of the words and phrases used in this section. Undefined words and phrases have the same meaning as set forth in this code or the California Vehicle Code including:

a.    Preparations means organizing a street race including, without limitation, situations in which:

1.    One or more vehicles or spectators are present at a scene;

2.    Spectators are present on one or both sides of a public street or highway;

3.    Spectators are gathered in an off-street parking facility;

4.    One or more persons impede the free public use of a public street, highway, or off-street parking facility by acts, words or physical barriers;

5.    One or more motor vehicles are lined up next to one another at a scene with motors running;

6.    One or more motor vehicle drivers is revving a motor vehicle’s engine or causing the motor vehicle’s tires to spin;

7.    A spectator is present at a scene to act as a race starter; or

8.    Spectators are present on private property open to the public without the consent of the owner, operator, or agent.

b.    Present means a person is within two hundred feet (200') of a scene.

c.    Scene refers to the location of, or preparations for, a street race.

d.    Sideshows means a gathering, procession or assemblage of vehicles on highways where vehicles in motion are used to exhibit stunts and maneuvers in the presence of spectators.

e.    Spectator means any person who is present at a scene to view, observe, watch, prepare, encourage, or aid and abet a street race or sideshow. A “spectator” includes any person at a scene without regard to that person’s method of arrival. “To be present” means a person who is within one hundred feet (100') of a street race or sideshow event. “Encouraging” is defined as someone who urges and assists participants through actions and/or words.

f.    Street race means any one or more of the following:

1.    “Exhibition of speed on a highway” as described in Vehicle Code section 23109(c).

2.    “Motor vehicle speed contest” as described in Vehicle Code section 23109(a).

3.    “Reckless driving on a highway” as described in Vehicle Code section 23103(a).

4.    “Reckless driving in an off-street parking facility” as described in Vehicle Code section 23103(b). (Ord. #1738, §2)

3-36.3 Prohibitions:

It is unlawful for a spectator to be present at a scene including, without limitation, at an off-street parking facility. (Ord. #1738, §2)

3-36.4 Exceptions:

Nothing in this section prohibits law enforcement officers or their agents who are acting in the course of their official duties from being present at a scene. (Ord. #1738, §2)

3-36.5 Enforcement:

Violation of this chapter shall constitute a misdemeanor, punishable by a fine or by imprisonment, or both. (Ord. #1738, §2)

3-36.6 Proving a Violation:

a.    To prove a violation of this section, admissible evidence may include, without limitation, any of the following:

1.    That the person charged previously participated in or has been a spectator at a street race;

2.    That the person charged previously aided and abetted street racing;

3.    That the person charged previously attended a street race; or

4.    That the person charged was previously present at a scene.

b.    Evidence of these prior acts may be admissible, to the fullest extent permissible by law, to show the opportunity, intent, plan, knowledge, identity, or the absence of a mistake or accident, or propensity of a person to be present at or attend a street race if the prior act or acts occurred within three (3) years of the presently charged offense. These prior acts may always be admissible to show knowledge on the part of the defendant that a street race was taking place. Prior acts are not limited to those that occurred within the city of Lynwood.

c.    In addition to the circumstances set forth above, and notwithstanding any other provision of law, to prove a violation of this section, aggravating circumstances may also include, without limitation, any of the following:

1.    The time of day;

2.    The nature and description of the scene, including the number and configuration of traffic lanes;

3.    The number of people at the scene;

4.    The location of the person charged in relation to any person or group of persons present at the scene;

5.    The number and descriptions of motor vehicles at the scene including, without limitation, whether the motor vehicles were modified or altered to increase power, handling, or visual appeal. (Ord. #1738, §2)

3-36.7 Administrative Citations:

A violation of any provision of this section is punishable only by an administrative citation pursuant to the city of Lynwood’s master fee schedule under the title “administrative citation” as adopted by the city council of the city of Lynwood. (Ord. #1738, §2)

3-36.8 Citation of Illegally Parked Vehicles:

Any vehicle found to be illegally parked will be cited by either a Los Angeles County sheriff or a city of Lynwood public safety officer. A citation for violation of this section shall carry a fine pursuant to the city of Lynwood’s master fee schedule under the title “administrative citation” as adopted by the city council of the city of Lynwood. (Ord. #1738, §2)

3-36.9 Authority to Remove Vehicles:

a.    Any vehicle found to be illegally parked under this section shall be determined to constitute a nuisance, without the necessity of any further action, and may be impounded pursuant to this section.

b.    Any peace officer who arrests the operator of a vehicle for conduct in violation of subsection (2) of section 23109.2 of the California Vehicle Code, as may be amended from time to time, shall impound the vehicle. A motor vehicle so seized shall be impounded for at least twenty-nine (29) days but not more than thirty (30) days. (Ord. #1738, §2)

3-36.10 Authority to Remove Vehicles by Contractors under Franchise:

When the city council of the city of Lynwood has contracted with or granted a franchise to any person or persons, such person or persons shall be authorized to remove or cause the removal of a vehicle declared to be a nuisance by either a Los Angeles County sheriff or a city of Lynwood public safety officer pursuant to this section.

The tow service and storage garage operator, upon signing CHP report of impounded vehicle, assumes full responsibility for the vehicle and its contents on each impound. (Ord. #1738, §2)

3-36.11 Assessment of Administrative Costs as Related to Removal of Vehicles:

The city council of the city of Lynwood shall from time to time by resolution determine and fix an amount to be assessed as administrative costs, excluding actual cost of removal of any vehicle under this section. (Ord. #1738, §2)

3-36.12 Requesting a Tow Hearing:

The legal owner and/or registered owner of a cited vehicle may appeal the towing and the attendant fines, administrative costs, and tow and storage charges pursuant to California Vehicle Code section 22852 and, if successful, shall recover same from the city.

Pursuant to section 22852 of the California Vehicle Code, the registered owner, the legal owner of record, or his/her agent, has a right to request a post-storage hearing to determine the validity of the storage of a vehicle in which there is an interest.

The provisions of section 22852 of the California Vehicle Code shall not apply to the removal of vehicles abated under the Abandoned Vehicle Abatement Program pursuant to California Vehicle Code sections 22660 through 22668 inclusive, and section 22710, or to vehicles impounded for investigation in accordance with section 22655, or to vehicles removed from private property pursuant to section 22658, or to abandoned vehicles which are determined by the public agency to have an estimated value of five hundred dollars ($500.00) or less pursuant to the provisions contained in California Vehicle Code section 22669.

In order to receive a post-storage hearing, the registered owner, legal owner, or his/her agent must make a formal request (either by letter, email, or phone) to the city of Lynwood’s public safety division within ten (10) working days. Mail the written request for a tow hearing to the following address: City of Lynwood, Public Safety Division, 11330 Bullis Road, Lynwood, CA 90262. The hearing will be held in a timely manner and could take up to two (2) weeks to complete, excluding weekends and holidays. All hearing requests must contain the following information:

a.    Complete and correct name of the person requesting the tow hearing.

b.    Current address and daytime/contact telephone number.

c.    Proof of interest in the concerned vehicle if you are not listed as the registered or legal owner with the Department of Motor Vehicles (DMV).

d.    Report number and date of vehicle tow.

e.    Vehicle license plate number, including the state. (Ord. #1738, §2)

3-36.13 Notice:

To the extent required by applicable law, signs giving reasonable notice of the prohibitions contained in this section will be erected as required by the Vehicle Code. (Ord. #1738, §2)