Ord 586ORDINANCE NO. 586
AN ORDINANCE OF THE CITY OF POWAY, CALIFORNIA
ADDING CHAPTER 10.64 TO THE POWAY MUNICIPAL CODE
PERTAINING TO SPECTATORS PROHIBITED AT
ILLEGAL MOTOR VEHICLE SPEED CONTESTS OR
ILLEGAL EXHIBITIONS OF SPEED
WHEREAS, the Poway City Council concurs with the County Board of
Supervisors and finds and declares that pursuant to California Vehicle Code Section
23109, motor vehicle speed contests and exhibitions of speed conducted on public
', :t highways are illegal. Motor vehicle speed contests and exhibitions of speed
!y k : races or drag races; and
WHEREAS, streets within the County of San Diego have been the site of
continuing and escalating 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
b to enjoy the use of their property within the County of San Diego. The
illegal street races occur on a regular basis on various streets within the County.
Hundreds of 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 otb ~ing, aiding and abetting the racing process; and
WHEREAS, illegal street racers 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 hours, 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 and other devices to
with each other to avoid arrest. They also use the Inter'net to provide
information on where to race, and give advice on how to avoid detection and
prosecution. Traffic accidents, property crimes, and calls for police service have
increased dramatically; and
WHEREAS, in most cases, illegal street races attract hundreds of spectators.
Spectators who knowingly attend and watch illegal street racing encourage these illegal
activities. Without the p ~ si: 7o watch these illegal ~ of the
sport in illegal street racing would I~ . :t; and
WHEREAS, 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 :1 within three years of the presently charged offense; and
Ordinance No. 586
Page 2
WHEREAS, this chapter is adopted to prohibit spectators at illegal street races
with the aim of significantly curbing this criminal activity. The chapter targets a very
clear, limited population and gives proper notice to citizens as to what activities are
lawful and what activities are unlawful. In discouraging spectators, the act of organizing
and participating in illegal street races will be discouraged.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF POWAY HEREBY
ORDAINS AS FOLLOWS:
Section 1.
read as follows:
Chapter 10.64 is hereby added to the Poway Municipal Code to
Ch SPECTATORS PROHIBITED AT ILLEGAL MOTOR
VEHICLE SPEED CONTESTS OR ILLEGAL EXHIBITIONS OF SPEED.
10.64.010 Definitions.
A. "Illegal motor vehicle speed contest" or "illegal exhibition of speed"
speed contest or exhibition of speed referred to in California Vehicle Code Sections
23109(a) and 23109(c).
B. "Event" means any speed contest or exhibition of speed referred to in
California Vehicle Code Sections 23109(a) and 23109(c).
C. "Preparations for an illegal motor vehicle speed contest or illegal exhibition of
speed" include, but are not limited to, situations in which: (1) a group of motor vehicles
or individuals have arrived at a location for the purpose of participating in or being
si: 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) 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;
(4) two or more vehicles have lined up with motors running for an illegal motor vehicle
speed contest or illegal exhibition of speed; (5) d ' g his or her
engine or spinning his or her tires in preparation for the event; or (6) an individual is
stationed at q ;I as a
D. "Spectator" means any individual who is within 200 feet of an illegal motor
vehicle speed contest or illegal 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. Si: :les any individual within 200 feet
of the event without regard to whether the individual arrived at the event by driving a
vehicle, riding as a passenger in a vehicle, walking, or arriving by some otb
Ordinance No. 586
Page 3
10.6,:1
of $
on.
9ed Contest or Ill,
A. Any individual who is present as a spectator, either on a public street or
highway at an illegal motor vehicle speed contest or illegal exhibition of speed, with the
intent to be present at such illegal motor vehicle speed contest or illegal exhibition of
speed, is guilty of a misdemeanor subject to a of six months in jail and a fine
of $1,000.00.
B. Any individual who is present as a spectator, either on a public street or
highway, where preparations for an illegal motor vehicle speed contest or illegal
exhibition of speed are being made, with the intent to be present at such illegal motor
vehicle speed contest or illegal exhibition of speed, is guilty of a misd aject to
' six months in jail and a fine of $1,000.00.
C. Exemption: Nothing in this section prohibits law ' : officers or their
agents from being spectators at an illegal motor vehicle speed contest or illegal
exhibition of speed in the course of their duties.
10.64.030 Relevant C'
to Prove a Violation.
Notwithstanding any other I: ' ' 'law, to prove '
Section 10.64.020, admissible evidence may include, but is not limited to, any of the
following:
A. The time of day;
B. Th
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 tt'
~icles at the scene;
F. That the individual charged d
transported to the scene;
G. That the individual charged has previously participated in an illegal motor
vehicle speed contest or illegal exhibition of speed;
H. That the individual charged has previously aided and abetted an illegal motor
vehicle speed contest or illegal exhibition of speed;
Ordinance No. 586
Page 4
I. That the individual charged has previously attended an illegal motor vehicle
speed contest or illegal exhibition of speed;
J. That the individual charged previously was present at a location where
preparations for an illegal motor vehicle speed contest or illegal exhibition of
speed were being made or where an illegal motor vehicle speed contest or
illegal exhibition of speed was in progress.
10.64.040 Adr
Prior Acts.
The list of set forth in Section 10.64.030 is not
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 illegal 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 an illegal motor vehicle speed contest or illegal exhibition of speed was
taking place at the time of the presently charged offense. Prior acts are not limited to
those that occurred within the City of Poway.
EFFECTIVE DATE: This Ordinance shall take effect and be in force thirty (30)
days after the date of this passage; and before the expiration of fifteen (15) days after
its passage, it shall be published once with the names and members voting for and
against the same in the Poway News Chieftain, a newspaper of general "
published in the City of Poway.
Introduced and first read at a regular meeting of the City Council of the City of
Poway, held this 29th day of July, and thereafter PASSED AND ADOPTED at a regular
meeting of said City Council held the 19m day of August, 2003, by the following roll call
vote.
AYES:
EMERY, GOLDBY, HIGGINSON. REXFORD
NOES: NONE
ABSENT: CAFAGNA
ABSTAIN: NONE
ATTEST:
~t.,' ~ Clerk
L~orl nne Peoples, Cry~ ~
Betty Rexford, ~,.ep~y Mayor