Chapter 10.64
SPECTATORS PROHIBITED AT ILLEGAL MOTOR VEHICLE SPEED CONTESTS OR ILLEGAL EXHIBITIONS OF SPEED
Sections:
10.64.020 Spectator at illegal motor vehicle speed contest or illegal exhibition of speed violation.
10.64.030 Relevant circumstances to prove a violation.
10.64.040 Admissibility of prior acts.
10.64.010 Definitions.
A. “Illegal motor vehicle 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. “Event” means any speed contest or exhibition of speed referred to in California Vehicle Code Sections 23109(a) and 23109(c).
C. “Preparations for an illegal motor vehicle speed contest or illegal exhibition of speed” include, but are not limited to, situations in which: (1) a group of motor vehicles or individuals have 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) 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; (4) two or more vehicles have lined up with motors running for an illegal motor vehicle speed contest or illegal exhibition of speed; (5) one or more drivers is revving his or her engine or spinning his or her tires in preparation for the event; or (6) an individual is stationed at one or near one or more motor vehicles serving as a race starter.
D. “Spectator” means any individual who is within 200 feet of an illegal motor vehicle speed contest or illegal 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 within 200 feet 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. 586 § 1, 2003)
10.64.020 Spectator at illegal motor vehicle speed contest or illegal exhibition of speed violation.
A. Any individual who is present as a spectator, either on a public street or highway at an illegal motor vehicle speed contest or illegal exhibition of speed, with the intent to be present at such illegal motor vehicle speed contest or illegal exhibition of speed, is guilty of a misdemeanor subject to a maximum of six months in jail and a fine of $1,000.
B. Any individual who is present as a spectator, either on a public street or highway, where preparations for an illegal motor vehicle speed contest or illegal exhibition of speed are being made, with the intent to be present at such illegal motor vehicle speed contest or illegal exhibition of speed, is guilty of a misdemeanor subject to a maximum of six months in jail and a fine of $1,000.
C. Exemption. Nothing in this section prohibits law enforcement officers or their agents from being spectators at an illegal motor vehicle speed contest or illegal exhibition of speed in the course of their duties. (Ord. 586 § 1, 2003)
10.64.030 Relevant circumstances to prove a violation.
Notwithstanding any other provision of law, to prove a violation of PMC 10.64.020, 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 the 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 illegal exhibition of speed;
H. That the individual charged has previously aided and abetted an illegal motor vehicle speed contest or illegal exhibition of speed;
I. That the individual charged has previously attended an illegal motor vehicle speed contest or illegal exhibition of speed;
J. That the individual charged previously was present at a location where preparations for an illegal motor vehicle speed contest or illegal exhibition of speed were being made or where an illegal motor vehicle speed contest or illegal exhibition of speed was in progress. (Ord. 586 § 1, 2003)
10.64.040 Admissibility of prior acts.
The list of circumstances set forth in PMC 10.64.030 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 illegal 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 an illegal motor vehicle speed contest or illegal 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 Poway. (Ord. 586 § 1, 2003)