I-kPPROVED
TO* HONORABLE MAYOR AND MEMBERS OF THE CITY COURTLY MANAGER FROM: OFFICE OF DOWNEY POLICE
BY: LESLIE R. MURRAY, CHIEF OF POLICE
PROSECUTOR
SUBJECT: ADOPTION OF ORDINANCE PROHIBITING SPECTATORS AT ILLEGAL SPEED
CONTESTS OR EXHIBITIONS OF SPEED
RECOMMENDATION
=1014q=101 . ` • .
This Ordinance was introduced at the regular meeting of the Downey City Council on August 23, 2022 — and is being submitted for adoption at this time.
DISCUSSION
Notwithstanding provisions of the California Vehicle Code that prohibit motor vehicle speed contests and exhibitions of speed on public streets and highways, there has been a significant 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 for conducting illegal street racing and exhibitions of speed — which creates an environment where these illegal activities thrive.
In some instances, public streets and highways are obstructed by means of motor vehicles or other physical barriers in order to facilitate the street racing, preventing the lawful use of the
MUNICIPAL CODE AMENDMENT — SPEED CONTESTS/EXHIBITIONS OF SPEED ORDINANCE SEPTEMBER 13,2022
PAGE 2
streets and highways, and, perhaps, to impede law enforcement in its attempts to stop th'A unlawful • 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.
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, • private property. This would provide a more effective tool to combat an increasing component of unlawful street racing that is not otherwise regulated • State law.
[44 k WAK01 I I L1 Dq 1 11111=4 LOIN
Quality of Life
FISCAL IMPACT
There is no fiscal impact.
ATTACHMENTS
Attachment A — Proposed Ordinance
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADDING CHAPTER 15 ("SPEED CONTESTS OR EXHIBITIONS OF
SPEED") OF ARTICLE IV ("PUBLIC WELFARE, MORALS, AND POLICY")
OF THE DOWNEY MUNICIPAL CODE TO PROHIBIT SPECTATORS AT
ILLEGAL SPEED CONTESTS OR EXHIBITIONS OF SPEED
WHEREAS, Section V11 of Article X1 of the California Constitution provides that a City may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws; and, WHEREAS, California Vehicle Code Section 23109, prohibits engaging in, 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 "street 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,
WHEREAS, 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 exhibitions 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 several hours and then move to other locations; and,
WHEREAS, illegal speed contests and exhibitions of speed attract large groups of spectators who, in turn, fuel the illegal speed contests and exhibitions of speed and create an environment in which these illegal activities can flourish; and, WHEREAS, persons who participate in or are present as spectators at illegal speed contests and exhibitions of speed use cell phones, police scanners, and other electronic devices to communicate with each other to avoid arrest; and, WHEREAS, the presence and/or gathering of spectators at illegal speed contests and exhibitions of speed 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 real property within the City of Downe and,
WHEREAS, violations of any provision of the Downey Municipal Co constitutes a misdemeanor offense unless designated or prosecuted as an infracti (DMC §1200(b)); and,
WHEREAS, any violation of the provisions of the Downey Municipal Code mr, be enforced by an administrative fine (DMC § 1401(b)); and, WHEREAS, the City Council of the City of Downey seeks, by means of th Ordinance, to discourage and prohibit persons from being present at illegal spe contests and exhibitions of speed as spectators — which, in turn, will discourage t organization and participation in illegal speed contests and exhibitions of speed.
THE CITY COUNCIL OF THE CITY OF DOWNEY, CALIFORNIA, DO
VETEBY ORDAIN AS FOLLOWS:
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:
A17-411 AL-74AMISMINIMPIZ11MI LGA MI III M IVA malln 11;gX011 117,11Jej "—, MENEUMMvinr. I ff lor. �11 - wrkqn. 1r�
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:
dent 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 incident 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
exceed the speed limits, hanot e"speed cnntest.^
C. "Preparations" shall include, but shall not be limited to, any situation in which:
1 Agroup ofmotor vehicles orindividuals have arrived sdalocation for the purposes of participating in or being spectators at an illegal speed contest or illegal exhibition ofspeed;
2. Two or more persons have lined one or both sides of e public street or highway for the purposes of participating in or being a spectator at on illegal speed contest orillegal exhibition ofspeed;
3. Two or more persons have gathered on private property generally open to the general public without the consent of the nxvner, openator, or agent thereof and for the purpose of participating in or being a spectator at an illegal speed contest or illegal exhibition ofspeed;
4. One ormore persons have impeded the free public use ofopublic street or highway by aotiona, vvonds, or physical barriers for the purposes of conducting onillegal speed contest mrillegal exhibition ofspeed;
5. Two ormore vehicles have lined up with motors running for en illegal speed contest orillegal exhibition ofspeed;
6. One or more drivers is revving the engine or spinning the tires of rnobzr 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''naoe starter" at anillegal speed contest orillegal exhibition mfspeed.
D. "Spectator" mhoU mean any individual who is within 2OOfeet ofan illegal speed contest or illegal exhibition of speed, or within 200 feet of any location where preparations are being made for such an1ixitiao, for the purpose of attending, viewing, observing, watching, orwitnessing the events aethey progress.
A. |tshall beunlawful and amisdemeanor for any person bzbepresent eoe epeototor, either on a public street or highway, or on private property generally open to the public without the consent of the ovuner, opera1or, or agent Uhenaof, at an illegal speed contest orillegal exhibition ofspeed. '
B. It shall be unlawful and e misdemeanor for any person to be present as a epectator, either on a public street nrhighway, or on private property generally open to the public without the consent of the oxvnmr, operator, or agent thereof, vvhens preparations are being made for an illegal speed contest or illegal exhibition of speed.
C. Exemption. Nothing in this Section prohibits |evv enforcement officers or their agents from being spectators at an illegal speed contest or illegal exhibition of speed /nthe course oftheir official duties.
�M
a - 0 - 0 6 . 1 0 0 0 - 0 - MAMM I - I I I -
"a) a I I r-I 6111011 M g 16 111 CmzzIftvITrtVA 0. - # FAILGAHMAIrles I set OJIM11WgIrti"IL - oil 166-18161611111 INJONIsix, 11VA0351174rol 1 6
MMEM=
D. The location of the person charged in relation to any other person group of persons at the scene; I
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 1 0 6 $11111
refuliquiallyMegaisisM
at any location where preparations for an illegal speed contest or illegal exhibition speed were in progress, where such prior act is relevant to prove some fact, includin 11 but not limited to, motive, opportunity, intent, preparation, plan, knowledge, identity, a absence of mistake or accident.
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.
9��
SECTION 2. If any nmotion, subsecton, paragnaph, aentenma, o|muse, or phrase of this Chapter is declared by a court of competent jurisdiction to be unconstitutional or otherwise inxa|id, such decision shall not affect the validity of the remaining portions of this Chapter. The City Council declares that it would have adopted this Chopter, and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more mect|ons, euboectiono, phraoen, or portions be declared invalid or unconstitutional.
SECTION 3. The City Clerk shall certify tothe adoption mfthis Ordinance and cause the same to be published in the manner prescribed by law.
APPROVED AND ADOPTED this _ day of 13 202g
ATTEST:
City Clerk
STATE [}FCALIFORNIA \
COUNTY CJFU]SANGELEG\
CITY OF DOWNEY
| HEREBY CERTIFY that the foregoing Ordinance No
introduced at a Regular Meeting of the City Council ofthe City of Downey held on the d8y of 2022, and adopted at a regularmeeting of the City Council of the tit/ of Downey held on the _____ day of 2023. by the following vDVS. to wit:
AYES:
Council Members:
NOES:
Council Member:
ABSENT:
Council Member:
ABSTAIN�
Council Member:
| FURTHER CERTIFY that a Summary of the foregoingOndinanma No. 22- . was published in the Downey Pothot, a newspaper of general oincu|mbmn in the
I- I - - 6 1
A MUM - lingo 11174TAS] lag
-------------
MARIA ALICIA DUARTE, CIVIC
City Clerk