Chapter 9.90
UNLAWFUL RACE ATTENDANCE
Sections
9.90.020 Unlawful race attendance – Prohibited.
9.90.030 Stay out of areas of racing (SOAR) orders – Issuance.
9.90.040 Stay out of areas of racing (SOAR) orders – Violation.
9.90.010 Definitions.
As used in this section, unless the context or subject matter clearly requires otherwise, the words or phrases defined in this section shall have the indicated meanings throughout this chapter.
(1) “Prior offense” means a conviction or committed finding for a violation of this chapter or an equivalent ordinance of a municipality of the State of Washington to DMMC 9.90.020.
(2) “Public place” means an area, whether publicly or privately owned, generally open to the public and includes, without limitation, the doorways and entrances to buildings or dwellings and the grounds enclosing them, streets, sidewalks, bridges, alleys, plazas, parks, driveways, and parking lots.
(3) “Unlawful race event” means an event wherein persons willfully compare or contest relative speeds by operation of one or more motor vehicles or wherein persons willfully demonstrate, exhibit, or compare speed, maneuverability, or the power of one or more motor vehicles, in a straight or curved direction, in a circular direction, around corners, or in circles in an activity commonly referred to as “drifting,” or by breaking traction. [Ord. 1747 § 1, 2021.]
9.90.020 Unlawful race attendance – Prohibited.
(1) It is unlawful for any person to be present in an area where an unlawful race event is occurring, has occurred or is about to occur:
(a) Who has actual or constructive knowledge that an unlawful race event is occurring, has occurred, or is about to occur; and
(b) Is present with the intent to observe, support, encourage, or participate in the unlawful race event.
(2) The circumstances which may be considered in determining whether a violation of subsection (1) of this section has occurred shall include, but not be limited to:
(a) The person is associating with persons racing in an unlawful race event;
(b) The person, by admission, is in attendance of an unlawful race event with the intent to observe, support, encourage, or participate in the unlawful race event;
(c) Statements of other persons who are shown to be in knowing attendance at an unlawful race event which provide evidence that the person intends to observe, support, encourage, or participate in an unlawful race event;
(d) The person takes flight upon the appearance of a police officer;
(e) The person either operates or is a passenger in a vehicle which is driven in such a manner as to show evidence of an attempt to take flight upon the appearance of a police officer;
(f) The person’s conduct demonstrates that he or she is acting as a lookout;
(g) The person possesses, on his or her person or in his or her vehicle, equipment such as a two-way radio or scanner that can be used to alert race participants to law enforcement;
(h) The area where the person is present is known to the arresting officer(s) as an area frequently used for unlawful race events;
(i) Persons present have no reasonable alternative purpose for congregating in a public area at the time the unlawful race event is occurring, is about to occur, or which occurred;
(j) The person has within the past two years been convicted in any court within this state of any violation involving racing, unlawful race attendance, reckless driving associated with racing, or trespass associated with race activity; and
(k) The person is currently subject to an order issued by a court within this state restricting the person’s attendance at unlawful racing events or presence in an area designated as a “No Racing Zone” which was issued in connection with an allegation of racing, unlawful race attendance, reckless driving associated with racing, or trespass associated with race activity.
(3) A violation of this section by a person who has no prior offense is a Class 1 civil infraction.
(4) A violation of this section by a person who has one or more prior offenses is a misdemeanor. [Ord. 1747 § 2, 2021.]
9.90.030 Stay out of areas of racing (SOAR) orders – Issuance.
(1) The Municipal Court may issue a SOAR order to any person criminally charged with unlawful race attendance or to any person charged with racing, reckless driving, or trespass where the court finds a nexus with unlawful race activity as a condition of pretrial release, sentence, or deferred sentence.
(2) A SOAR order:
(a) Shall prohibit the person subject to the order from attending an unlawful race event as defined by this chapter;
(b) May prohibit the person subject to the order from entering a defined geographic area or areas where unlawful racing activity has been shown to occur, which may include the area where the person was alleged to have been present during the charged offense;
(c) May include any other crime-related conditions the court shall find appropriate; and
(d) Shall bear the statement: “Violation of this order is a criminal offense under section 4 of this ordinance and will subject the violator to arrest.”
(3) A person is deemed to have notice of the SOAR order when:
(a) The signature of the person prohibited in the order is affixed to the bottom of the order, acknowledging receipt of the order; or
(b) The order otherwise indicates that either the person or the person’s attorney appeared before the court. [Ord. 1747 § 3, 2021.]
9.90.040 Stay out of areas of racing (SOAR) orders – Violation.
(1) Violation of an order issued under DMMC 9.90.030 shall be a misdemeanor.
(2) A police officer having probable cause to believe that a person subject to an order issued under DMMC 9.90.030 is violating or failing to comply with any requirement or restriction imposed by the court shall have the authority to arrest the person without a warrant. [Ord. 1747 § 4, 2021.]