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3 <br /> <br />Section 36-707. Aiding and Abetting Street Races or Reckless Driving <br />Exhibitions Prohibited <br /> <br />It shall be unlawful for any person to engage in, or to aid and abet, any street <br />race or reckless driving exhibition conducted on a public street or highway or in an <br />offstreet parking facility. A violation of this section may be cited under the City’s <br />administrative fines and penalties provisions or as an infraction or may be punishable as <br />a misdemeanor subject to a maximum of six months in jail and a fine of $1,000. Prior to <br />issuing an administrative fine or citing as an infraction the City must demonstra te that <br />the person previously received a written warning. Prior to filing a misdemeanor charge <br />the City must demonstrate that the person was previously issued an administrative fine <br />or infraction citation. <br /> <br />Section 36-708. Spectators at Street Races or Reckless Driving Exhibitions <br />Prohibited. <br /> <br />(a) It shall be unlawful for any person to be knowingly present as a spectator at a street <br />race or reckless driving exhibition on a public street, highway, or offstreet parking facility. <br />A violation of this section may be cited under the City’s administrative fines and penalties <br />provisions or as an infraction or may be punishable as a misdemeanor subject to a <br />maximum of six months in jail and a fine of $1,000. Prior to issuing an administrative fine <br />or citing as an infraction the City must demonstrate that the person previously received a <br />written warning. Prior to filing a misdemeanor charge the City must demonstrate that the <br />person was previously issued an administrative fine or infraction citation. <br /> <br />(b) It shall be unlawful for any person to be knowingly present as a spectator where <br />preparations are being made for a street race or reckless driving exhibition conducted on <br />a public street or highway or offstreet parking facility. A violation of this section may be <br />punishable as a misdemeanor subject to a maximum of six months in jail and a fine of <br />$1,000. <br /> <br />(c) Exemption: Nothing in this section prohibits law enforcement officers or their agents <br />who are acting in the course of their official duties from being spectators at a street race <br />or reckless driving exhibition. <br /> <br />Section 36-709 Relevant Circumstances to Prove a Violation. <br /> <br />Notwithstanding any other provision of law, to prove a violation of Sections 36-707 or 36- <br />708, admissible evidence may include, but is not limited to, any of the following: <br /> <br />(a) the time of day; <br />(b) the nature and description of the scene; <br />(c) the number of people at the scene; <br />(d) the location of the person charged in relation to any person or group present at the <br />scene; <br />(e) indicia of a street race or reckless driving exhibition, including but not limited to, <br />stickers, posters, markings, flags at or near the scene; <br />(e) the number and types of motor vehicles at the scene; <br />City Council 6 –8 6/1/2021