Chapter 9.47
STAY OUT OF AREAS OF RACING – SOAR
Sections:
9.47.010 Stay out of areas of racing – Abbreviation.
9.47.020 SOAR orders – Issuance.
9.47.030 SOAR orders – Designated “no racing zones.”
9.47.040 SOAR orders – Violation.
9.47.005 Findings.
The zones listed in SMC 9.47.030 are frequented by illegal racers and those who attend unlawful race events. These zones attract illegal street racers and their spectators as the roads are straight, wide, and long, and traffic during the dark hours is not heavy. It is in these zones that street racers and their spectators cause damage to pavement, curbing, and street striping. Due to the volume of people that attend illegal street races in these zones, which can number in the hundreds, adjacent private property owners suffer economic loss due to the trash, human waste, and graffiti that is left behind. Street racers also cause damage to this private property by destroying planters and vegetation and parking lot black top. In addition, due to the high volume of people who attend illegal street races, there is a severe risk of danger to the street racers and their spectators. Spectators crowd the streets as vehicles race close by at excessive speeds. This uncontrolled racing environment has been known to cause serious injuries and death around the country. The zones listed in SMC 9.47.030 suffer a much higher incidence of illegal street racing and race attendance than other zones or areas of the city. (Ord. 2766 § 1 (Exh. A), 2021; Ord. 2287 § 2 (part), 2009)
9.47.010 Stay out of areas of racing – Abbreviation.
As used in this title, the acronym “SOAR” represents “stay out of areas of racing.” (Ord. 2766 § 1 (Exh. A), 2021; Ord. 2287 § 2 (part), 2009)
9.47.015 SOAR orders.
A SOAR order prohibits persons from engaging in racing or unlawful race attendance within a no racing zone, as set forth in SMC 9.47.030. (Ord. 2766 § 1 (Exh. A), 2021; Ord. 2287 § 2 (part), 2009)
9.47.020 SOAR orders – Issuance.
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 pre-trial 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 written SOAR order shall contain the court’s directives and shall bear the statement: “Violation of this order is a criminal offense under SMC 9.47.040 and will subject the violator to arrest.” (Ord. 2766 § 1 (Exh. A), 2021; Ord. 2287 § 2 (part), 2009)
9.47.030 SOAR orders – Designated “no racing zones.”
The SOAR order may apply to any of the following designated “no racing zones”:
A. 142nd Avenue East from Tacoma Avenue North to 24th Street East.
B. 24th Street East from West Valley Hwy E. to 142nd Avenue East.
C. 8th Street E. from the White River Bridge east to the city limits.
D. 140th Avenue from 16th Street to 24th Street.
E. 136th Avenue from 16th Street to 24th Street E.
F. 137th Avenue from 16th Street to its merger with 138th Avenue E. continuing south to 24th Street E.
G. 16th Street E. from 132nd Avenue to its eastern termination point.
H. West Valley Hwy E. from Sumner Heights Drive to the northern city limits.
I. Fryar Avenue from Main Street to Puyallup Street.
These “no racing zones” include any highway, as that term is defined in RCW 46.04.197, together with adjoining public places and rights-of-way (such as sidewalks, entryways, landscaped areas, and parking areas) if those adjoining areas are being used for unlawful race events or unlawful race attendance.
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; SMC 9.46.020 – SMC 9.47.030.” (Ord. 2766 § 1 (Exh. A), 2021; Ord. 2287 § 2 (part), 2009)
9.47.040 SOAR orders – Violation.
A. In the event a police officer has probable cause to believe that a person has been issued a SOAR order as a condition of pre-trial 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 warrant for violation of the SOAR order and shall bring that person before the court that issued the order.
B. 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 and shall be punishable by a fine not to exceed $5,000 or imprisonment not to exceed more than one year, or both. (Ord. 2766 § 1 (Exh. A), 2021; Ord. 2287 § 2 (part), 2009)