Chapter 9.40
ILLEGAL STREET RACING
Sections:
9.40.020 Unlawful Race Attendance – Prohibited – Penalty.
9.40.030 Orders – Conditions – Re-arrest.
9.40.040 Person Subject to Court Order Defined.
9.40.070 Third Party Liability.
9.40.010 Definitions.
The following definitions appear in this chapter:
(1) “Public place” means an area, whether publicly or privately owned, generally visible to public view, and includes streets, sidewalks, bridges, alleys, plazas, parks, driveways, parking lots, and the doorways and entrances to buildings or dwellings and the grounds enclosing them.
(2) “Unlawful race event” means an event wherein persons willfully compare or contest relative speeds by operation of one or more motor vehicles.
(Ord. 10-2017 (part), 2017: Ord. 10-2003 § 1, 2003).
9.40.020 Unlawful Race Attendance – Prohibited – Penalty.
(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, in a manner and under circumstances manifesting the purpose to participate in, support or encourage the unlawful race event.
(2) Among the circumstances which may be considered in determining whether such purpose is manifested, but not limited thereto, are:
(a) Such person engages in words or conduct that raises a reasonable suspicion that he or she is supporting or encouraging the unlawful race behavior;
(b) Such person engages in words or conduct that raises a reasonable suspicion that he or she is about to engage in or is engaged in an unlawful race event;
(c) Such person’s conduct demonstrates that he or she is acting as a lookout;
(d) Such persons 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;
(e) Such 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;
(f) Such person is currently subject to a Stay Out of Areas of Racing order (SOAR order);
(g) Such person takes flight upon the appearance of a police officer;
(h) The area involved is known to the arresting officer(s) as an area frequently used for unlawful race events.
(3) Any person who violates the provisions of this section is guilty of a misdemeanor.
(Ord. 10-2017 (part), 2017: Ord. 10-2003 § 2, 2003).
9.40.030 Orders – Conditions – Re-arrest.
Judges and judges pro tempore may issue written orders to criminal defendants charged under this chapter, or with racing, unlawful race attendance, reckless driving associated with racing or trespass associated with race activity, describing the conditions of their pretrial release or the post-conviction conditions of suspension or deferral of their sentences, warning the defendants of the consequences of violating a condition of the order, and authorizing rearrest of the defendant if he or she violates a condition of the order. These orders shall be known as Stay Out of Areas of Racing or “SOAR” orders.
(Ord. 10-2017 (part), 2017: Ord. 10-2003 § 3, 2003).
9.40.040 Person Subject to Court Order Defined.
As used in this chapter, “person subject to court order” means any person who is subject to an order issued under Section 9.40.030 of this chapter.
(Ord. 10-2017 (part), 2017: Ord. 10-2003 § 4, 2003).
9.40.050 Violation of Order.
Whenever a person is subject to a SOAR order and the person knows of the order, a police officer who has probable cause to believe that the person is, in the officer’s presence, violating or failing to comply with any of the conditions of the order shall have the authority to bring the person before the court wherein the order was issued, and for such purpose may rearrest such person without warrant or other process.
(Ord. 10-2017 (part), 2017: Ord. 10-2003 § 5, 2003).
9.40.060 Severability.
Should any section, subsection, paragraph, sentence, clause or phrase of the ordinance codified in this chapter or its application to any person or situation be declared unconstitutional or invalid for any reason, such decision shall not affect the remaining portions of this chapter or its application to any other person or situation. The Yakima County board of commissioners hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or portions be declared invalid or unconstitutional.
(Ord. 10-2017 (part), 2017: Ord. 10-2003 § 6, 2003).
9.40.070 Third Party Liability.
It is expressly the purpose of the ordinance codified in this chapter to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.
It is the specific intent of the ordinance codified in this chapter that no provisions nor any term used in this ordinance is intended to impose any duty whatsoever upon the county or any of its officers or employees, for whom the implementation and enforcement of this chapter shall be discretionary and not mandatory.
Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the county, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the county related in any manner to the enforcement of this chapter by its officers, employees or agents.
(Ord. 10-2017 (part), 2017: Ord. 10-2003 § 7, 2003).