CHAPTER 28
RACE ATTENDANCE1
SECTION:
6-28-3 Designated “No Racing Zones”
6-28-4 Unlawful Race Attendance Prohibited
6-28-5 Issuance of SOAR Orders
6-28-6 Violation of SOAR Orders
6-28-1 DEFINITIONS:
Unless the context clearly requires otherwise, the definitions in this Section shall apply throughout this Chapter.
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, 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. (Ord. 5150, 7-18-05)
6-28-2 SOAR ORDERS:
A SOAR order prohibits persons from engaging in racing or unlawful race attendance within a “No Racing Zone,” as set forth herein, between the hours of 10:00 p.m. and 5:00 a.m. (Ord. 5150, 7-18-05)
6-28-3 DESIGNATED “NO RACING ZONES”:
A. The areas designated herein are “No Racing Zones” between the hours of 10:00 p.m. and 5:00 a.m.:
1. Oakesdale Avenue SW, 1600 block to 4200 block;
2. Lind Avenue SW, 700 block to 4200 block;
3. East Valley Road, 1600 block to 4200 block;
4. Thomas Avenue SW, 700 block to 1000 block;
5. Houser Way N., 800 block to 1200 block;
6. Maple Valley Highway, 1700 block to 5600 block;
7. Powell Avenue SW, 700 block to 1000 block.
B. These “No Racing Zones” include the locations listed in subsection A 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 highway entrances to the No Racing Zone. At a minimum, these signs must include the following statements: “No Racing Zone”; “Race Attendance Prohibited”; and “RMC 6-28-4.” (Ord. 5150, 7-18-05)
6-28-4 UNLAWFUL RACE ATTENDANCE PROHIBITED:
A. It is unlawful for any person to enter or remain in a designated “No Racing Zone” between the hours of 10:00 p.m. and 5:00 a.m. if:
1. (S)he knows or should know that an unlawful race event is occurring, has occurred, or is about to occur; and
2. His or her intent in entering or remaining in the “No Racing Zone” is, in whole or in part, to observe, support or encourage an unlawful racing event.
B. A violation of this Section is a misdemeanor. (Ord. 5150, 7-18-05)
6-28-5 ISSUANCE OF SOAR ORDERS:
A. The Municipal Court 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.
B. A person is deemed to have notice of the SOAR order when:
1. 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
2. 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.
C. The SOAR order shall contain:
1. This warning: “Violation of this order is a criminal offense under RMC 6-28-6 and will subject the violator to arrest.”
2. This condition: “The person named herein shall not be present in a “No Racing Zone” between the hours of 10:00 p.m. and 5:00 a.m.”; and
3. Any other condition the Court determines should be imposed as a condition of pretrial release or condition of sentence, of the person named in the order. (Ord. 5150, 7-18-05)
6-28-6 VIOLATION OF SOAR ORDERS:
A. It is unlawful for any person who is the subject of a SOAR order and who has notice of the SOAR order to:
1. Violate a condition of the SOAR order; or
2. Fail to comply with any requirement or restriction imposed by the Court.
B. 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 restrictions imposed upon that person by the Court, the officer may arrest the violator without warrant for violation of the SOAR order and shall bring that person before the court that issued the order.
C. A violation of subsection A of this section is a gross misdemeanor and shall be punishable consistent with the provisions of RMC 1-3-1, Criminal Penalties. (Ord. 5150, 7-18-05; Ord. 5742, 12-8-14)
6-28-7 SEVERABILITY:
If any provision of this Chapter or the application thereof to any person or circumstances is held invalid, the remainder of this Chapter and the application of such provisions to other persons or circumstances shall not be affected thereby. (Ord. 5150, 7-18-05)
Ordinance No. 5150 supersedes Ordinance 5149, which ordinance originally added the provisions of this Chapter as Chapter 6-27.