HomeMy WebLinkAbout2003-08-05; City Council; 17267; Illegal Speed Contests: Prohibiting Spectators4B# 17,267
dTG . 8-5-03
IEPT. POL
TITLE:
ADDITION OF CODE 8.29 PROHIBITING
SPECTATORS AT ILLEGAL SPEED CONTESTS OR
EXHIBITIONS OF SPEED
DEPT. HD. )d.
CITY MGR.*
RECOMMENDED ACTION:
Introduce Ordinance No. NS-670
prohibit spectators at illegal speed contests or exhibitions of speed.
adding Carlsbad Municipal Code Chapter 8.29 to
ITEM EXPLANATION:
Illegal street racing claims lives, threatens public safety, and attracts criminal activity. Illegal
street racing is a regional problem that can result in the injury or death of our generally
younger citizens. Spectators increase the danger and encourage the illegal activity. This
ordinance makes it a misdemeanor to be a spectator at an illegal speed contest or
exhibition of speed and will provide an additional tool to combat this problem while providing
consistency with other jurisdictions. Other cities have experienced a decrease in the
number of illegal street racers and spectators who gather on city streets with the
implementation of such a "Spectator" ordinance.
FISCAL IMPACT:
No fiscal impact is anticipated.
ENVIRONMENTAL REVIEW:
Pursuant to Public Resources Code section 21 065 and CEQA Guidelines section 15738,
the addition of this ordinance does not constitute a "project" within the meaning of CEQA
and therefore, does not require an environmental review.
EXHIBITS:
1. Ordinance No. NS-670
Department Contact: Lt. Mike Shipley (760) 931-2208 mship@ci.carlsbad.ca.us
\
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. "-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
~ollows:
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
8.29.040 Relevant Circumstances To Prove A Violation.
8.29.050 Admissibility Of Prior Acts.
Spectator At Illegal Speed Contest Or Exhibitions of
Speed - Violation.
8.29.01 0 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
4. The City Council of the City of Carlsbad, California finds and declares:
Irdinance No. NS-670 1
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
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 sophsticated using cell
phones, police scanners and other electronic devices to communicate with each other tc
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
4.
8.29.020 Definitions.
“Illegal motor vehicle speed contest” or “illegal exhibition of speed” shall mean any
ipeed contest or exhibition of speed referred to in California Vehicle Code sections 23 IO9(a)
md 23109(c).
3.
:ontest or exhibition of speed, or where preparations are being made for such activities, for the
wrpose 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
)exon arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or
lrriving by some other means.
“Spectator” shall mean any person who is present at an illegal motor vehicle speed
:.
hat person is within 200 feet of the location of the event, or within 200 feet of the location
vhere preparations are being made for the event.
A person is “present” at the illegal motor vehicle speed contest or exhibition of speed if
>.
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;
lrdinance 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
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 fiee 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 revving 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 rac
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 Illegal Speed Contest or Exhibitions of Speed
Violation.
Any person who is knowingly present as a spectator, either on a public street or A.
iighway or on private property open to the general public without the consent of the owner,
)perator or agent thereof, at an illegal motor vehicle speed contest or exhibition of speed is
yilty of a misdemeanor punishable in accordance with Chapter 1 .OS of this code.
B.
iighway or on private property open to the general public without the consent of the owner,
iperator or agent thereof, where preparations are being made for an illegal motor vehicle speed
;ontest or exhibition of speed is guilty of a misdemeanor punishable in accordance with
Any person who is knowingly present as a spectator, either on a public street or
3hapter 1 .OS of this code.
3.
i-om being spectators at illegal speed contests or exhibitions of speed in the course of their
)ffcial duties.
Exemption: Nothing in this section prohibits law enforcement officers or their agents
8.29.030 Relevant Circumstances To Prove A Violation.
I.
idmissible 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.
3.
4.
the nature and description of the scene;
the number of people at the scene;
the location of the person charged in relation to any individual or group present
lrdinance No. NS-670 . 3
I
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
21
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
?rior acts may be admissible to show the propensity of the defendant to be present at or attend i
speed contest or exhibition of speed if the prior act or acts occurred within three years of the
presently charged offense. These prior acts may always be admissible to show knowledge on
the part of the defendant that a speed contest or exhibition of speed was taking place at the time
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
3doption, and the City Clerk shall certify the adoption of this ordinance and cause it to be
yblished 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
Zouncil 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
,8
9
10
11
12
13
. 14
I5
16
17
18
19
20
21
22
23
24
25
26
27
28
of Carlsbad on the day of ,2003, by the following vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL, City Attorney
b
CLAUDE A. LEWIS, Mayor
ATTEST:
lrdinance No. NS-670
LORRAINE M. WOOD, City Clerk
(SEAL)
I
5
MESSAGE