Chapter 9A.11
STREET RACE ATTENDANCE
Sections:
9A.11.030 Designated “No Racing Zones.”
9A.11.040 Unlawful race attendance prohibited.
9A.11.050 Issuance of SOAR orders.
9A.11.060 Violation of SOAR orders.
9A.11.010 Definitions.
(1) “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, highways, sidewalks, bridges, alleys, plazas, parks, driveways, and parking lots.
(2) “SOAR” is an abbreviation for “Stay Out of Areas of Racing.”
(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. 3231 § 1, 2021; Ord. 3217 § 2, 2020).
9A.11.020 SOAR orders.
A SOAR order prohibits persons from engaging in racing or unlawful race attendance within a “No Racing Zone,” as set forth in PMC 9A.11.030. (Ord. 3217 § 3, 2020).
9A.11.030 Designated “No Racing Zones.”
(1) The areas designated herein are “No Racing Zones”:
(a) Levee Road.
(b) Industrial Way.
(c) Valley Ave.
(2) These “No Racing Zones” include the locations listed in subsection (1) of this section, together with adjoining property areas (such as sidewalks, entryways, landscaped areas, and parking areas) if those adjoining areas are being used for racing or unlawful race attendance, regardless of whether such property is a public place or is private property. These “No Racing Zones” shall be designated by the placement of clear and conspicuous signs at all street/highway entrances to the “No Racing Zone.” At a minimum, these signs must include the following statements: “No Racing Zone”; “Race Attendance Prohibited”; and “PMC 9A.11.040.” (Ord. 3217 § 4, 2020).
9A.11.040 Unlawful race attendance prohibited.
Any person (1) who has actual or constructive knowledge that he or she is in attendance of an unlawful race event, and (2) who has actual or constructive knowledge that an unlawful race event is occurring, has occurred, or is about to occur, and (3) was there with the intent to observe, support, or encourage the unlawful race event is guilty of a misdemeanor. (Ord. 3217 § 5, 2020).
9A.11.050 Issuance of SOAR orders.
(1) The municipal court or any court authorized to hear cases of the city may issue a SOAR order to any person charged with racing, unlawful race attendance, reckless driving associated with race activity, or trespass associated with race activity as a condition of pretrial release, sentence or deferred sentence.
(2) A person is deemed to have notice of the SOAR order when:
(a) The signature of either the person named in the order or that of his or her attorney is affixed to the bottom of the order, which signature shall signify the person named in the order has read the order and has knowledge of the contents of the order; or
(b) The order recites that the person named in the order, or his or her attorney, has appeared in person before the court at the time of issuance of the order.
(3) The SOAR order shall contain the court’s directives and shall bear the statement “Violation of this order is a criminal offense under PMC 9A.11.060 and will subject the violator to arrest.” (Ord. 3217 § 6, 2020).
9A.11.060 Violation of SOAR orders.
(1) In the event a police officer has probable cause to believe that a person has been issued a SOAR order as a condition of pretrial release or a sentence imposed by the court and, in the officer’s presence, the person is seen violating or failing to comply with any requirement or restriction set forth in the SOAR order, the officer may arrest the violator without a warrant for a violation of the SOAR order and shall bring that person before the court that issued the order.
(2) When a SOAR order is issued pursuant to this chapter and the person so named in the order has notice of the order, a violation of any of the provisions of the SOAR order is a gross misdemeanor. (Ord. 3217 § 7, 2020).