Item 25 - Street Racing and Reckless Driving Exhibitions Ordinance

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Section 36-707. Aiding and Abetting Street Races or Reckless Driving Exhibitions Prohibited It shall be unlawful for any person to engage in, or to aid and abet, any street race or reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility. A violation of this section may be punishable as an infraction or a misdemeanor subject to a maximum of six months in jail and a fine of $1,000. Alternatively, violations may be addressed through the use of an administrative citation as set forth in sections 1-21.1 through 1-21.9. Section 36-708. Spectators at Street Races or Reckless Driving Exhibitions Prohibited. (a) It shall be unlawful for any person to be knowingly present as a spectator at a street race or reckless driving exhibition on a public street, highway, or offstreet parking facility. A violation of this section may be punishable as an infraction or a misdemeanor subject to a maximum of six months in jail and a fine of $1,000. Alternatively, violations may be addressed through the use of an administrative citation as set forth in sections 1-21.1 through 1-21.9. (b) It shall be unlawful for any person to be knowingly present as a spectator where preparations are being made for a street race or reckless driving exhibition conducted on a public street or highway or offstreet parking facility. A violation of this section may be punishable as an infraction or a misdemeanor subject to a maximum of six months in jail and a fine of $1,000. Alternatively, violations may be addressed through the use of an administrative citation as set forth in sections 1-21.1 through 1-21.9. (c) Exemption: Nothing in this section prohibits law enforcement officers or their agents who are acting in the course of their official duties from being spectators at a street race or reckless driving exhibition. Section 36-709 Relevant Circumstances to Prove a Violation. Notwithstanding any other provision of law, to prove a violation of Sections 36-707 or 36- 708, 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 person charged in relation to any person or group present at the scene; (e) indicia of a street race or reckless driving exhibition, including but not limited to, stickers, posters, markings, flags at or near the scene; (e) the number and types of motor vehicles at the scene; (f) that the motor vehicles present have been altered or modified to increase power, handling or visual appeal; (g) that the person charged drove or was transported to the scene; (h) that the person charged admitted to being a spectator at a street race or reckless driving exhibition;