Chapter 12.70
PROHIBITION ON ATTENDING STREET RACES AND RECKLESS DRIVING EXHIBITIONS
Sections:
12.70.010 Purpose and Findings.
12.70.030 Prohibition on Attending a Street Race or Reckless Driving Exhibition.
12.70.040 Proving a Violation—Attendance at a Street Race or Reckless Driving Exhibition.
12.70.010 Purpose and Findings.
The City Council hereby finds and declares as follows:
A. Under California Vehicle Code Sections 23103 et seq. and 23109 et seq., speed contests, exhibitions of speed, and reckless driving on public streets, highways, and off-street parking facilities are illegal. These activities often include pre-race “sideshows” and motorcycle “stunting,” where individuals block streets or parking lots to perform reckless maneuvers. Such events have increasingly occurred throughout Newport Beach in recent years.
B. Street races, sideshows, and motorcycle stunts pose serious threats to public safety, disrupt traffic, create public nuisances, and negatively impact local businesses. Participants and spectators typically gather late at night or early morning, blocking roadways, placing wagers, and facilitating or encouraging illegal racing.
C. Illegal racers often drive at dangerous speeds without regard for public safety, quickly relocate to evade law enforcement, and use social media and electronic communication to organize and avoid detection. These events have led to an increased number of accidents, property damage, and police calls. Spectators contribute to the continuation of these activities by fostering an environment that supports and emboldens unlawful conduct. (Ord. 2025-9 § 1, 2025)
12.70.020 Definitions.
For the purpose of this chapter, the following definitions shall apply:
A. “Street race” or “street racing” means any speed contest or exhibition of speed referred to in California Vehicle Code Section 23109.
B. “Reckless driving exhibition” means any exhibition of reckless driving referred to in California Vehicle Code Section 23103.
C. “Off-street parking facility” has the same meaning as set forth in California Vehicle Code Section 12500(c) and includes any public or private parking facility open and accessible to members of the public.
D. “Scene” means the location of a street race or reckless driving exhibition or the location of the preparations for a street race or reckless driving exhibition.
E. “Spectator” means any person who is present at a street race or reckless driving exhibition, or the site of the preparations for either of these activities, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. A spectator includes any person at the location of the event without regard to how the person arrived.
F. A person is “present” at a street race or reckless driving exhibition if that person is within two hundred (200) feet of the location of the street race or reckless driving exhibition, or within two hundred (200) feet of the site of the preparations for either of these activities.
G. “Preparations” for any street race or reckless driving exhibition include, but are not limited to, any of the following acts done for the purpose of a street race or reckless driving exhibition:
1. One or more motor vehicles and people have arrived or gathered at a predetermined scene;
2. One or more people have gathered for a sideshow, motorcycle stunting or other exhibition in conjunction with a street race or reckless driving exhibition;
3. One or more people have impeded the use of a public street, road, highway or sidewalk, or off-street parking facility by acts, words or physical barriers;
4. One or more motor vehicles have lined up at the scene with motors running;
5. One or more driver is revving a motor vehicle’s engine or causing the motor vehicle’s tires to spin; or
6. A person is standing or sitting in a location for the purpose of acting as a race starter. (Ord. 2025-9 § 1, 2025)
12.70.030 Prohibition on Attending a Street Race or Reckless Driving Exhibition.
It shall be unlawful for any person to knowingly:
A. Be present as a spectator at a street race or reckless driving exhibition conducted on a public street, road, or highway or in an off-street parking facility; or
B. Be present as a spectator where preparations are being made for a street race or reckless driving exhibition conducted on a public street, road, or highway or in an off-street parking facility.
Nothing in this section prohibits attendance at an event for which a special event permit has been issued by the City, or for City employees, or their agents, acting in the course and scope of their official duties, from being spectators at a street race or reckless driving exhibition or a location where preparations for these activities are occurring. (Ord. 2025-9 § 1, 2025)
12.70.040 Proving a Violation—Attendance at a Street Race or Reckless Driving Exhibition.
Notwithstanding any other provision of law, to prove a person was knowingly present as a spectator, as set forth in Section 12.70.030, admissible evidence may include, but is not limited to, any of the following:
A. That the person charged:
1. Has previously participated in or been a spectator at a street race or reckless driving exhibition;
2. Has previously aided and abetted street racing or a reckless driving exhibition;
3. Has previously attended a street race or reckless driving exhibition; or
4. Was previously present at a scene where preparations were being made for a street race or reckless driving exhibition, or where a street race or reckless driving exhibition was in progress.
B. That, based on a totality of the circumstances, the evidence shows that the person knew they were present as a spectator, which circumstances may include, but are not limited to, the following:
1. The time of day;
2. The nature and description of the scene, including the number and configuration of traffic lanes;
3. The number of people at the scene;
4. The location of the person charged in relation to any person or group of people present at the scene;
5. The number and types of motor vehicles at the scene;
6. The presence of motor vehicles at the scene that have been modified or altered to increase power, handling, or visual appeal; or
7. The person charged admitted to being a spectator at a street race or reckless driving exhibition. (Ord. 2025-9 § 1, 2025)