Item 27 - Fully Enforceable Ordinance that would Prohibit Spectators at Illegal Speed Contests and Reckless Driving Exhibitions - Penaloza

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2 Illegal Street Race and Reckless Driving Exhibition-Article XV Section 36-706. Definitions. As used in this Article: “Street race” or “street racing” means any speed contest or exhibition of speed referred to in California Vehicle Code section 23109, as it may be amended from time to time. “Reckless driving exhibition” means any exhibition of reckless driving referred to in California Vehicle Code section 23103, as it may be amended from time to time. Offstreet parking facility has the same meaning as set forth in Vehicle Code section 12500(c), as may be amended from time to time, and includes any public or private parking facility open and accessible to members of the public. Preparations for a street race or reckless driving exhibition includes, but are not limited to, situations in which: (1) One (1) or more motor vehicles and persons have arrived at a location on a public street, highway or an offstreet parking facility for the purpose of participating in or being spectators at a street race or reckless driving exhibition; (2) One (1) or more persons have gathered in an offstreet parking facility for the purpose of participating in or being a spectator at a street race or reckless driving exhibition; (3) One (1) or more persons have gathered for a motorcycle stunting or other exhibition in conjunction with a street race or reckless driving exhibition; (4) One (1) or more persons have impeded the free public use of a public street, highway, or offstreet parking facility by actions, words, or physical barriers; (5) One (1) or more vehicles have lined up on a public street, highway, or offstreet parking facility with motors running; (6) One (1) or more drivers is revving a motor vehicle’s engine or spinning the motor vehicle’s tires; or (7) A person is stationed for the purpose of acting as a race starter. 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. Spectator means any individual who is present at street race or reckless driving exhibition at a location where preparations are being made for such activities, for the purpose of viewing, observing, watching, recording, 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. DRAFT