HomeMy WebLinkAbout2003-08-12; City Council; 17279; Adoption of Ordinance/Election campaign disclosureAB# 17,279
MTG. 8-12-03
DEPT. CLK
CITY OF CARLSBAD - AGENDA BILL
ADOPTION OF ORDINANCE NO. NS-670
PROHIBITING SPECTATORS AT ILLEGAL
SPEED CONTESTS OR EXHIBITIONS OF
SPEED
DEPT.HD.
CITY ATTY.
CITY MGR
RECOMMENDED ACTION:
Adopt Ordinance No. NS-670 adding Chapter 8.29 to the Carlsbad Municipal Code
prohibiting spectators at illegal speed contests or exhibitions of speed.
ITEM EXPLANATION:
Ordinance No. NS-670 was introduced and first read at the City Council meeting held on
August 5, 2003. The second reading allows the City Council to adopt the ordinance, which
would then become effective in thirty days. The City Clerk will have the ordinance published
within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 17,267 on file with the City Clerk.
EXHIBITS:
1. Ordinance No. NS-670.
DEPARTMENT CONTACT: Janice Breitenfeld (760) 434-2927, jbrei@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. N-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
bllows:
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
The City Council of the City of Carlsbad, California finds and declares:
lrdinance 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
21
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 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 prohbiting 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 air
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.
A.
;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
B.
:ontest or exhibition of speed, or where preparations are being made for such activities, for the
mrpose 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 arrived at the event by driving a vehicle, riding as a passenger in a vehicle, walking, or
miving 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
ivhere preparations are being made for the event.
A person is “present” at the illegal motor vehicle speed contest or exhibition of speed if
3.
Jut 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
I1
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 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 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 racc
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
ghway or on private property open to the general public without the consent of the owner,
)erator or agent thereof, at an illegal motor vehicle speed contest or exhibition of speed is
iilty of a misdemeanor punishable in accordance with Chapter 1.08 of this code.
. Any person who is knowingly present as a spectator, either on a public street or
&way or on private property open to the general public without the consent of the owner,
)erator or agent thereof, where preparations are being made for an illegal motor vehicle speed
mtest or exhibition of speed is guilty of a misdemeanor punishable in accordance with
'lapter 1 .OS of this code.
Exemption: Nothing in this section prohibits law enforcement officers or their agents
)m being spectators at illegal speed contests or exhbitions of speed in the course of their
ficial duties.
8.29.030 Relevant Circumstances To Prove A Violation.
Notwithstanding any other provisions of law, to prove a violation of this section,
missible evidence may include, but is not limited to, any of the following:
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
3inance 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 contes
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 Admissibility Of Prior Acts.
The list of circumstances set forth in section 8.29.030 is not exclusive. Evidence of
prior 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
Df 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
adoption, 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
8
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 Augus ,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
RONALD R. BALL,
1
ATTEST:
(SEAL)
3rdinance No. NS-670 5