Chapter 56.80
SPECTATORS PROHIBITED AT ILLEGAL SPEED CONTESTS OR EXHIBITIONS OF SPEED
Sections:
56.80.030 Spectator at illegal speed contests or exhibitions of speed – Violation.
56.80.040 Relevant circumstance to prove a violation.
56.80.050 Admissibility of prior acts.
56.80.010 Purpose.
A. The City Council for the City of Coronado 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 their property within the City of Coronado. 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. This 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.
F. This chapter makes evidence of specified prior act 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. (Ord. 1950 § 2, 2003)
56.80.020 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 as a passenger in a vehicle, walking, or arriving by some other means. (Ord. 1950 § 3, 2003)
56.80.030 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 90 days in jail and a fine of $1,000, except that notwithstanding any other provision of this subsection, any such violation constituting a misdemeanor under this section may, in the discretion of the attorney having prosecutorial functions, be charged and prosecuted as an infraction in accordance with CMC 1.08.050.
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 90 days in jail and a fine of $1,000, except that notwithstanding any other provision of this subsection, any such violation constituting a misdemeanor under this section may, in the discretion of the attorney having prosecutorial functions, be charged and prosecuted as an infraction in accordance with CMC 1.08.050.
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. (Ord. 1950 § 4, 2003)
56.80.040 Relevant circumstance to prove a violation.
Notwithstanding any other provision of law, to prove a violation of CMC 56.80.030, 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. (Ord. 1950 § 5, 2003)
56.80.050 Admissibility of prior acts.
The list of circumstances set forth in CMC 56.80.040 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 of exhibition 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 Coronado, and may include evidence of such acts from other jurisdictions within the County of San Diego. (Ord. 1950 § 6, 2003)
56.80.060 Enforcement.
Enforcement of this chapter shall be under the jurisdiction of the Director of Police Services. (Ord. 1950 § 7, 2003)