HomeMy WebLinkAboutCC ORD 2002-2214 Adds Ch. 11.42, illegal speed contests (11.42)ORDINANCE NO. 2002 — 2214
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AMENDING TITLE 11 OF THE
NATIONAL CITY MUNICIPAL CODE BY ADDING
A NEW CHAPTER 11.42, TITLED "SPECTATORS PROHIBITED
AT ILLEGAL SPEED CONTESTS OR EXHIBITIONS OF SPEED",
AND BY ADDING NEW SECTIONS 11.42.010, 11.42.020,
11.40.030, 11.40.040, 11.40.050 AND 11.40.060
WHEREAS, illegal street racing and exhibitions of speed on streets in the City of San
Diego and other communities in the County of San Diego have become a broad community problem,
immediately threatening public peace, property, health and safety; and
WHEREAS, this illegal street racing and exhibitions of speed attract hundreds of
juveniles and adults to city streets on a regular basis; and
WHEREAS, this illegal street racing and exhibitions of speed attract other criminal
activity, including juvenile curfew violations, littering, drinking in public, urinating in public,
gambling, fights and disturbances, trespassing, graffiti, and vandalism; and
WHEREAS, illegal street racing and exhibitions of speed create a dangerous
environment, with traffic congestion and risk of serious injury or death, for pedestrians and vehicular
traffic on local streets; and
WHEREAS, the City Council of the City of National City seeks to promote the City's
interest in protecting and preserving the safety of pedestrians and motorists in, about, or upon public
streets and highways so as to minimize any dangerous conditions caused by illegal street racing and
exhibitions of speed, and to curb the criminal activity surrounding illegal street racing and exhibitions
of speed; and
WHEREAS, on October 15, 2002, an ordinance adopted by the City of San Diego
amending the San Diego Municipal Code to prohibit spectators at illegal speed contests or exhibitions
of speed, and its enforcement may have a tendency to displace such speed contests to other
jurisdictions, including National City; and
WHEREAS, there is and remains an immediate impact on the health, safety and
welfare of the citizens of this City due to existing illegal street racing in this jurisdiction that will.be
exacerbated by any displacement from other jurisdictions; and
WHEREAS, the adoption of this ordinance is therefore necessary and appropriate to
address this immediate problem and any displacement from other jurisdictions.
NOW, THEREFORE, BE IT ORDAINED, by the Council of the City of National
City, as follows:
Section 1. That Title 11 of the National City Municipal Code is hereby amended by adding a
new Chapter 11.42 to read as follows:
CHAPTER 11.42
SPECTATORS PROHIBITED AT
ILLEGAL SPEED CONTESTS
OR EXHIBITIONS OF SPEED
Sections:
11.42.010 Purpose.
11.42.020 Definitions.
11.42.030 Spectator at illegal speed contests or exhibitions of speed — Violation.
11.42.040 Relevant circumstances to prove a violation.
11.42.050 Admissibility of prior acts.
11.42.060 Enforcement.
Section 11.42.020 Purpose. A. The City Council for the City of National City finds and
declares that pursuant to California Vehicle Code section 23109, 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.
B. 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 theirproperty within the City of National City. When illegal
street races occur on various streets within the City, racers and spectators gather on these streets late
at night and in the early morning hours, blocking the streets and sidewalks to traffic, forming a
racetrack area, placing bets, and otherwise encouraging, aiding, and abetting the racing process.
C. Illegal street racers can accelerate to high speeds without regard to oncoming traffic,
pedestrians, or vehicles parked or moving nearby. The racers can drive quickly from street to street,
race for several hours, and then move to other locations upon the arrival of the police. Participants in
this illegal activity use cell phones, police scanners, and other electronic devices to communicate with
each other to avoid arrest. Participants also use the Internet to provide information on where to race,
and give advice on how to avoid detection and prosecution.
D. In many cases, illegal street races can 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.
E. This Chapter is adopted to prohibit spectators at illegal street races with the aim of
significantly curbing this criminal activity. The division targets a very clear, limited population and
gives proper notice to citizens as to what activities are lawful and what activities are unlawful. In
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discouraging spectators, the act of organizing and participating in illegal street races will be
discouraged.
F. This Chapter makes evidence of specified prior acts admissible to show the propensity
of the defendant to be present at or attend illegal street races, if the prior act or acts occurred within
three years of the presently charged offense.
Section 11.42.020 Definitions. A. "Illegal motor vehicle speed contest" or "illegal
exhibition of speed" means any speed contest or exhibition of speed referred to in California Vehicle
Code sections 23109(a) and 23109(c).
B. "Preparations for the illegal motor vehicle speed contest or exhibition of speed"
include, but are not limited to, situations in which: (1) a group of motor vehicles or individuals has
arrived at a location for the purpose of participating in or being spectators at the event; (2) a group of
individuals has lined one or both sides of a public street or highway for the purpose of participating in
or being a spectator at the event; (3) a group of individuals has gathered on private property open to
the general 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 individuals has impeded the free
public use of a public street or highway by actions, words, or physical barriers 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 the vehicle's engine or
spinning its tires in preparation for the event; or (7) an individual is stationed at or near one or more
motor vehicles serving as a race starter.
C. "Spectator" means any individual who is present at an illegal motor vehicle speed
contest or exhibition of speed, or at a location where preparations are being made for such activities,
for the purpose of viewing, observing, watching, or witnessing the event as it progresses. Spectator
includes any individual at the location of the event without regard to whether the individual arrived at
the event by driving a vehicle, riding asa passenger in a vehicle, walking, or arriving by some other
means.
Section 11.42.030 Spectator at illegal speed contests or exhibitions of speed — Violation.
A. Any individual 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 subject to a maximum of ninety (90) days in jail and a fine of $500.
B. Any individual 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, where preparations are being made for an illegal motor vehicle speed
contest or exhibition of speed is guilty of a misdemeanor and subject to a maximum of ninety (90)
days in jail and a fine of $500.
C. An individual is present at the illegal motor vehicle speed contest or exhibition of
speed if that individual 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.
D. Exemption: Nothing in this section shall prohibit or make illegal law enforcement
officers or their agents from being spectators at illegal motor vehicle speed contests or exhibitions of
speed in the course of their official duties.
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Section 11.42.040 Relevant circumstances to prove a violation. Notwithstanding any
other provision of law, to prove a violation of Section 11.42.030, admissible evidence may include,
but is not limited to, any of the following:
(a) the time of day;
(b) the nature and description of the scene;
(c) the number of people at the scene;
(d) the location of the individual charged in relation to any individual or group
present at the scene;
(e) the number and description of motor vehicles at the scene;
(f) that the individual charged drove or was transported to the scene;
(g) that the individual charged has previously participated in an illegal motor
vehicle speed contest or exhibition of speed;
(h) that the individual charged has previously aided and abetted an illegal motor
vehicle speed contest or exhibition of speed;
(i) that the individual charged has previously attended an illegal motor vehicle
speed contest or exhibition of speed;
(j) that the individual 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 illegal motor vehicle speed contest was in progress.
Section 11.42.050 Admissibility of prior acts. The list of circumstances set forth in
Section 11.42.040 is not exclusive. Evidence of prior acts may be admissible to show the propensity
of the defendant to be present at or attend an illegal motor vehicle 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 of the presently charged offense. Evidence
of prior acts shall not be limited to those that occurred within the City of National City, and may
include evidence of such acts from other jurisdictions within the County of San Diego.
Section 11.42.060 Enforcement. Enforcement of this Chapter shall be under the
jurisdiction of the chief of police.
PASSED and ADOPTED this 17TH day of DECEMBER, , 2002.
Nick Inzunza' Mayor
AT1hST: APPROVED AS TO FORM:
',6tifih tfA
Mic el R. Dalla, ity Clerk
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on December 17,
2002, by the following vote, to -wit:
Ayes: Councilmembers Inzunza, Natividad, Parra.
Nays: None.
Absent: Councilmember Morrison.
Abstain: Councilmember Ungab.
AUTHENTICATED BY:
NICK INZUNZA
Mayor of the City of National City, California
Vt)
f National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar
days had elapsed between the day of its introduction and the day of its final passage, to wit, on
December 3, 2002, and on December 17, 2002.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that
the reading of said ordinance in full was dispensed with by a vote of not less than a majority of
the members elected to the Council and that there was available for the consideration of each
member of the Council and the public prior to the day of its passage a written or printed copy of
said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 2002-2214 of the City Council of the City of National City, passed and
adopted by the Council of said City on December 17, 2002.
City Clerk of the City of National City, California
By:
Deputy