CITY MANAGEA
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
SUBJECT: ORDINANCE PROHIBITING SPECTATORS AT ILLEGAL SPEED CONTESTS
OR EXHIBITIONS OF SPEED
Notwithstanding provisions of the California Vehicle Code that prohibit motor vehicle speed contests and exhibons of speed on public streets and highways, there has been a signcan! increase of instances of street racing and/or dangerous and unlawful exhibitions of speed on streets, highways, and private property that is generally open to the public throughout the State of California and the City of Downey over the past several years.
Unlawful speed contests ("street racing") and exhibitions of speed create potential hazards to the public health, safety, and welfare as they regularly attract large crowds of spectators and involve motor vehicles that are traveling at accelerated/high speeds — often without regard to oncoming vehicular traffic, pedestrians, or vehicles parked nearby. The spectators, in turn, fuel the desire Z-54
these illegal activities thrive.
In some instances, public streets and highways are obstructed by means of motor vehicles or ither physical barriers in order to facilitate the street racing, preventing the lawful use of the streets and highways, and, perhaps, to impede law enforcement in its attempts to stop the unlawful and reckless behavior.
In addition to providing an audience for the illegal street racing and exhibitions of speed, spectators sometimes further facilitate the unlawful activities by using their cell phones, police scanners, or other electronic devices to communicate with each other and to avoid arrest by law enforcement.
MUNICIPAL CODE AMENDMENT — SPEED CONTESTS/EXHIBITIONS OF SPEED ORDINANCE AUGUST 23, 2022
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The proposed Ordinance would make it a misdemeanor offense under the Downey Municipal Code for any person to be present as a spectator at illegal speed contests and exhibitions of speed — whether upon a street, highway, or private property. This would provide a more effective tool to combat an increasing component of unlawful street racing that is not otherwise regulated by State law.
FISCAL IMPACT
ATTACHMENTS
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'NAEREAS, Section VII of Article XI of the California Constitution provides that a C.ity may make ♦ enforce within its limits all local,police,• other *rdinances and regulations not in conflict with general laws; and, NAEREAS, CaliforniaCode •I 09 prohibits en•.• •
facilitating, or aiding or abetting in a motor vehicle speed contests and an exhibition of speed on public streets and highways; and,
WHEREAS, Downey Municipal Code Section 3162 also prohibits speed contests or similar games on public streets within the City; and, WHEREAS, illegal speed contests and exhibitions of speed (commonly known as 19street races" or "drag races") occur on public streets and highways, but also occur on private property that is generally open to the public — including parking lots for retail businesses and shopping centers; and,
NAEREAS, illegal speed contests and exhibitions of speed occur late at night and/or early in the morning;and,
WHEREAS, illegal speed contests and exhibitions of speed involve motor vehicles traveling at accelerated/high speeds without regard to oncoming vehicular traffic, pedestrians, or vehicles parked nearby; and,
WHEREAS, persons preparing locations for illegal speed contests and ;z�xhibitions of speed often obstruct public streets and highways by means of motor vehicles or other physical barriers; and,
WHEREAS, illegal speed contests and exhibitions of speed sometimes last for r.,everal hours and then move to other locations; and,
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WHEREAS, violations of any provision of the Downey Municipal Code constitutes a misdemeanor offense unless designated or prosecuted as an infraction (DMC §1200(b)); and,
WHEREAS, any violation of the provisions of the Downey
ve enforced by an administrative fine (DMC § 1401 (b)); and, MTA47-17-1 A--=
THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, DOES
WETEBY OVD&I
SECTION 1. Chapter 15 ("Speed Contests or Exhibitions of Speed") of Article IV ("Public Welfare, Morals, and Policy") of the Downey Municipal Code is hereby added as follows:
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B. "Illegal exhibition of speed" or "illegal speed contest" shall mean either any exhibition of speed referred to in California Vehicle Code Sections 23109(a) or 23109(c). "Illegal exhibition of speed" or "illegal speed contest" shall also include:
1 . Any incident where a motor vehicle is raced on a public street or highway against another motor vehicle, a clock, or other timing device where the presence of two or more spectators is known to the driver or may be reasonably anticipated by the driver; and/or,
2. Any willful act of showing off or displaying a dangerous or imprudent speed in a vehicle on a public street or highway, or private property generally open to the public, where the presence of two or more spectators is known to the driver or may be reasonably anticipated by the driver.
3. Any dent where a motor vehicle is driven upon a highway or in an off-street parking facility in a willful or wanton disregard for the safety of persons or property, as prohibited by California Vehicle Code Sections 23103(a) and 23103(b).
For purposes of this Definition, an event in which the time to cover a prescribed route of more than 20 miles is measured, but in which the vehicle does not
which:
1 A group of motor vehicles or individuals have arrived at a location for the purposes of participating in or being spectators at an illegal speed contest or illegal exhibition of speed;
2. Two or more persons have lined one or both sides of a public street or highway for the purposes of participating in or being a spectator at an illegal speed contest or illegal exhibition of speed;
3. Two or more persons have gathered on private property generally open to the general public without the consent of the owner, operator, or agent thereof and for the purpose of participating in or being a spectator at an illegal speed contest or illegal exhibition of speed;
4. One or more persons have impeded the free public use of a public street or highway by actions, words, or physical barriers for the purposes of conducting an illegal speed contest or illegal exhibition of speed;
5. Two or more vehicles have lined up with motors running for an illegal speed contest or illegal exhibition of speed;
6. One or more drivers is revving the engine or spinning the tires of a motor vehicle in preparation for an illegal speed contest or illegal exhibition of speed; and/or,
7. A person is stationed at or near one or more motor vehicles to serve as a "race starter" at an illegal speed contest or illegal exhibition of speed.
D. "Spectator" shall mean any individual who is within 200 feet of an illegal speed contest or illegal exhibition of speed, or within 200 feet of any location where preparations are being made for such activities, for the purpose of attending, viewing, observing, watching, or witnessing the events as they progress.
A. It shall be unlawful and a misdemeanor for any person to be present as spectator, either on a public street or highway, or on private property generally open the public without the consent of the owner, operator, or agent thereof, at an illeg I
speed contest or illegal exhibition of speed.
B. It shall be unlawful and a misdemeanor for any person to be present as spectator, either on a public street or highway, or on private property generally open the public without the consent of the owner, operator, or agent thereof, whe preparations are being made for an illegal speed contest or illegal exhibition of speed.
C. Exemption. Nothing in this Section prohibits law enforcement officers their agents from being spectators at an illegal speed contest or illegal exhibition speed in the course of their official duties.
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D. The location of the person charged in relation to any other person or group of persons at the scene;
H. Whether the individual participated in, aided, or abetted the illegal speed contest or illegal exhibition of speed, including, but not limited to, acting as a "race starter" or standing in the road in such a manner as to block access by other vehicles to the area used for such illegal purposes;
i i amy, mrarm z min, ow On 7M7s--M7*M =, F=- * FM 210�M M i . Any prior presence as a spectator, attendance at, participation in, or aiding and abetting of any illegal speed contest or illegal exhibition of speed, or the same at any location where preparations for an illegal speed contest or illegal exhibition of speed were in progress, where such prior act is relevant to prove some fact, including, but not limited to, motive, opportunity, intent, preparation, plan, knowledge, identity, and abse-i!ce of iflsta.e or accide-mt.
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The list of circumstances set forth in Section 4998.2 of this Code is not exclusive.
Evidence of prior acts may be admissible to show the propensity of the defendant to be present at or to attend an illegal speed contest or illegal exhibition of speed, if the prior act or acts occurred within three (3) 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 of the presently charged offense, and to contest that the defendant was present at the scene due to mistake or accident. Prior acts are not limited to those that occurred within the City of Downey.
SECTION 2. If any section, subsection, paragraph, sentence, clause, or phrase of this Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have adopted this Chapter, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.
SECTION 3., The City Clerk shall certify to the adoption of this Ordinance and cause the same to be published in the manner prescribed by law. day of 2022.
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ATTEST:
MARIA ALICIA DUARTE, CIVIC
City Clerk
A A A
CITY OF DOWNEY
I HEREBY CERTIFY that the foregoing Ordinance No. 22- was introduced at a Regular Meeting of the City Council of the City of Downey held on the day of , 2022, and adopted at a regular meeting of the City Council of the City of Downey held on the _ day of 2022, by the following vote, to wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN:
Council Member:
I FURTHER CERTIFY that a Summary of the foregoing Ordinance No. 22- , was published in the Downey Patriot, a newspaper of general circulation in the City of Downey, on 2022 (after introduction), and on
, 2022 (after adoption, including the vote thereon). It was also post&i in the regular posting places in the City of Downey on the same dates.
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