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4 <br />(k) that the person charged has previously attended a street race or reckless driving <br />exhibition; <br />(l)that the person charged previously was present at a location where preparations were <br />being made for a street race or reckless driving exhibition or a street race or reckless <br />driving exhibition was in progress. <br />Section 36-710 Admissibility of Prior Acts <br />The list of circumstances set forth in Section 36-709 is not exclusive. To the fullest extext <br />permissible by law, evidence of prior acts may be admissible to show plan, opportunity, <br />knowledge, identity, and/or propensity of the person charged to be present at or attending <br />a street race or reckless exhibition of speed if the prior act(s) occurred within three (3) <br />years of the presently charged offense. These prior acts may always be admissible to <br />show knowledge on the part of the defendant that a street race or reckless driving <br />exhibition was taking place at the time of the presently charged offense. Prior acts are not <br />limited to those that occurred within the City of Santa Ana. <br />Section 3. The City Council finds that this ordinance is not subject to the California <br />Environmental Quality Act under California Code of regulations, Title 14, Section 15060, <br />subdivision (c)(2), because the activity will not result in a direct or reasonably foreseeable <br />indirect physical change in the environment nor under subdivision (c)(3) because the <br />activity has no potential for resulting in physical change to the environment, directly or <br />indirectly and so is not a project. <br />Section 4. If any section, subsection, phrase, or clause of this ordinance is for any <br />reason held to be unconstitutional, such decision shall not affect the validity of the <br />remaining portions of this ordinance. The City Council hereby declares that it would have <br />passed this ordinance and each section, subsection, phrase or clause thereof irrespective <br />of the fact that any one or more sections, subsections, phrases or clauses be declared <br />invalid or unconstitutional. <br />Section 5. The Clerk of the Council shall certify to the adoption of this ordinance <br />and cause the same to be published in the manner prescribed by law. <br />Section 6.This ordinance shall take effect and be in full force thirty (30) days from <br />and after its final passage. <br />ADOPTED this ______ day of ______________, 2023. <br />_______________________ <br />Valerie Amezcua <br />Mayor DRAFT