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HomeMy WebLinkAbout2003-08-12; City Council; NS-670; Prohibiting Spectators at illegal speed contests...1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ORDINANCE NO. YS-670 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADDING CHAPTER 8.29 TO THE CARLSBAD MUNICIPAL CODE PROHIBITING SPECTATORS AT ILLEGAL SPEED CONTESTS OR EXHIBITIONS OF SPEED The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Chapter 8.29 is added to the Carlsbad Municipal Code to read as follows: CHAPTER 8.29 SPECTATORS PROHIBITED AT ILLEGAL SPEED CONTESTS OR EXHIBITIONS OF SPEED Sections: 8.29.010 Purpose. 8.29.020 Definitions. 8.29.030 Spectator At Illegal Speed Contest Or Exhibitions of Speed - Violation. 8.29.040 Relevant Circumstances To Prove A Violation. 8.29.050 Admissibility Of Prior Acts. 8.29.010 Purpose. 1. Pursuant to California Vehicle Code section 23 109, motor vehicle speed contests and exhibitions of speed conducted on public streets and highways are illegal. Motor vehicle speed contests and exhibitions of speed are more commonly known as street races or drag races. 2. Public streets throughout the County of San Diego, including the City of Carlsbad, have been the site of illegal street racing over the past several years. Such street racing threatens the health and safety of the public, interferes with pedestrian and vehicular traffic, creates a public nuisance, and interferes with the right of private business owners to enjoy the use of their property. The illegal street races occur on a regular basis on various public streets throughout the County of San Diego, including the City of Carlsbad. Hundreds of racers and spectators gather on these streets late at A. The City Council of the City of Carlsbad, California finds and declares: 3rdinance No. NS-670 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 night and in the early morning hours, blocking the streets and sidewalks to traffic, forming a racetrack area, placing bets, and otherwise encourage, aid and abet the racing process. 3. Illegal street racers accelerate to high speeds without regard to oncoming traffic pedestrians, or vehicles parked or moving nearby. The racers drive quickly from street to street, race for several heats, and then move to other locations upon the arrival of the police. Those who participate in this illegal activity are very sophisticated using cell phones, police scanners and other electronic devices to communicate with each other ta avoid arrest. They also use the Internet to provide information on where to race, and give advice on how to avoid detection and prosecution. 4. In most cases, illegal street races attract hundreds of spectators. The mere presence of spectators at these events fuels the illegal street racing and creates an environment in which these illegal activities can flourish. 5. To discourage illegal street races, many cities in the County of San Diego have recently adopted ordinances prohibiting spectators at these races. Those cities who have not adopted such ordinances are experiencing an increase in illegal street races in their jurisdictions. 6. This Chapter is adopted to prohibit spectators at illegal streets races with the ain of significantly curbing this criminal activity. The ordinance targets a very clear, limited population and gives proper notice to citizens as to what activity is lawful and what activities are unlawful. In discouraging spectators, the act of organizing and participating in illegal street races will be discouraged. 7. propensity of the defendant to be present at or attend illegal street races if the prior act or acts occurred within three years of presently charged offense. This ordinance makes evidence of specified prior acts admissible to show the 8.29.020 Definitions. 4. ;peed contest or exhibition of speed referred to in California Vehicle Code sections 23 109(a) md 23 109(c). “Illegal motor vehicle speed contest” or “illegal exhibition of speed” shall mean any 3. :ontest or exhibition of speed, or where preparations are being made for such activities, for the nupose of viewing, observing, watching, or witnessing the event as it progresses. A ‘spectator” includes any person at the location of the event without regard to whether the Jerson amved at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or uriving by some other means. “Spectator” shall mean any person who is present at an illegal motor vehicle speed 2. :hat person is within 200 feet of the location of the event, or within 200 feet of the location where preparations are being made for the event. A person is “present” at the illegal motor vehicle speed contest or exhibition of speed if 3. )ut are not limited to, situations where: “Preparations” for the illegal motor vehicle speed contest or exhibition of speed include 1. a group of motor vehicles or persons has arrived at a location for the purpose of participating in or being a spectator at the event; 3rdinance No. NS-670 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A. 2. for the purpose of participating in or being a spectator at the event; 3. public without the consent of the owner, operator or agent thereof for the purpose of participating in or being a spectator at the event; 4. one or more persons has impeded the free public use of a public street or highway by actions, words or physical barrier for the purpose of conducting the event; 5. two or more vehicles have lined up with motors running for an illegal motor vehicle speed contest or exhibition of speed; 6. one or more drivers is rewing his engine or spinning his tires in preparation of the event; or 7. an individual is stationed at or near one or more motor vehicles serving as a race starter. a group of individuals has lined one or both sides of a public street or highway a group of individuals has gathered on private property open to the general 8.29.030 Spectator At IllePal Speed Contest or Exhibitions of Speed Violation. Any person who is knowingly present as a spectator, either on a public street or highway or on private property open to the general public without the consent of the owner, operator or agent thereof, at an illegal motor vehicle speed contest or exhibition of speed is guilty of a misdemeanor punishable in accordance with Chapter 1.08 of this code. B. highway or on private property open to the general public without the consent of the owner, operator or agent thereof, where preparations are being made for an illegal motor vehicle speed contest or exhibition of speed is guilty of a misdemeanor punishable in accordance with Chapter 1.08 of this code. C. from being spectators at illegal speed contests or exhibitions of speed in the course of their official duties. Any person who is knowingly present as a spectator, either on a public street or Exemption: Nothing in this section prohibits law enforcement officers or their agents 8.29.030 Relevant Circumstances To Prove A Violation. D. admissible evidence may include, but is not limited to, any of the following: Notwithstanding any other provisions of law, to prove a violation of this section, 1. the time of day; 2. the nature and description of the scene; 3. 4. the number of people at the scene; the location of the person charged in relation to any individual or group present 3rdinance No. NS-670 . 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5. 6. 7. 8. 9. 10. at the scene; the number and description of motor vehicles at the scene; that the person charged drove or was transported to the scene; that the person charged has previously participated in an illegal speed contest or exhibition of speed; that the person charged has previously aided and abetted an illegal speed contesl or exhibition of speed; that the person charged has previously attended an illegal speed contest or exhibition of speed; that the person charged previously was present at a location where preparations were being made for an illegal speed contest or exhibition of speed or where an exhibition of speed or speed contest was in progress. 8.29.040 Admissibilitv Of Prior Acts. The list of circumstances set forth in section 8.29.030 is not exclusive. Evidence of xior acts may be admissible to show the propensity of the defendant to be present at or attend i ;peed contest or exhibition of speed if the prior act or acts occurred within three years of the xesently charged offense. These prior acts may always be admissible to show knowledge on be part of the defendant that a speed contest or exhibition of speed was taking place at the timc 3f the presently charged offense. Prior acts are not limited to those that occurred within the City of Carlsbad. EFFECTIVE DATE: This ordinance shall be effective thirty days after its Idoption, and the City Clerk shall certify the adoption of this ordinance and cause it to be published at least once in a newspaper of general circulation in the City of Carlsbad within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council on the 5th day of AUGUST ,2003, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City 3rdinance No. NS-670 4 1 2 3 4 5 6 7 88 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of Carlsbad on the 12th day of August ,2003, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Hall and Packard NOES: None ABSENT: Council Member Finnila APPROVED AS TO FORM AND LEGALITY n AL n RONALD R. BALL, City Attorney e/JY/o, 1 ATTEST: (SEAL) I lrdinance No. NS-670 5