HomeMy WebLinkAboutOrd 17752
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ORDINANCE NO. 1775
ORDINANCE OF THE CITY OF BURLINGAME ADDING CHAPTER 10.72 TO
THE BURLINGAME MUNICIPAL CODE TO PROHIBIT THE GATHERING OF
SPECTATORS AT ILLEGAL SPEED CONTESTS, EXHIBITIONS OF SPEED, AND
SIDESHOWS
The CITY COUNCIL ofthe CITY OF BURLINGAME does hereby ordain as follows:
Section 1. This ordinance is adopted in order to provide law enforcement with
additional means by which to discourage and prevent dangerous street racing and sideshows in
the community.
Section 2. Anew Chapter 10.72 is added to read as follows
Chapter 10.72
SPECTATORS PROHIBITED AT ILLEGAL SPEED CONTESTS, EXHIBITIONS OF
SPEED, OR SIDESHOWS
Sections:
10.72.010 Purpose.
10.72.020 Definitions.
10.72.030 Spectator at illegal speed contest, exhibitions of speed, or sideshows -Violation.
10.72.040 Relevant circumstances to prove a violation.
10.72.050 Admissibility of prior acts.
10.72.010 Purpose.
(a) The city council finds and declares that motorvehicle speed contests and exhibitions
of speed conducted on public streets and highways are illegal under Californ
ia Vehicle Code
section 23109. Motor vehicle speed contests and exhibitions of speed are commonly known as
street races or drag races. Streets within the city have been the site of illegal street racing over
the past several years. Such street racing threatens the health and safety of the public, interferes
with pedestrian and vehicular traffic, creates apublic nuisance, violates the rights of persons to
peacefully use and enjoy the city and its facilities, parks, and walkways, and interferes with the
right of business owners to enjoy the use of their property within the city. Illegal street racers
accelerate to high speeds without regard to vehicular traffic, pedestrians, or vehicles parked or
moving nearby. The racers drive quickly from street to street, race for several hours, and then
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move to other locations upon the arrival of the police. In addition, the Bay Area has witnessed
a variation on speed contests called sideshows, where drivers of vehicles engage in reckless
stunts and maneuvers on streets, sidewalks, and other public places inthe presence of spectators.
These sideshows constitute a public nuisance.
(b) Those who participate in this illegal activity can be very sophisticated, using their
cell phones, police scanners, and other electronic devices to communicate with each other to
avoid detection or arrest. They also use the Internet to provide information on where to race, and
give advice on how to avoid detection and prosecution. Traffic accidents, property crimes, and
calls for police service can increase dramatically. The mere presence of spectators at these
events fuels the illegal street racing and sideshows and creates an environment in which these
illegal activities can flourish.
(c) This chapter is adopted to prohibit spectators at illegal street races and sideshows
with the aim of significantly curbing and inhibiting this criminal activity. The chapter gives
proper notice to citizens as to what activities are lawful and what activities are unlawful. in
discouraging spectators, the act of organizing and participating in illegal street races and
sideshows will be discouraged.
10.72.020 Definitions.
For purposes of this chapter, the following definitions shall apply:
(a) "Il
legal motor vehicle speed contest" or "illegal exhibition of speed" means any
speed contest or exhibition of speed referred to in California Vehicle Code sections 23109(a)
and 23109(c).
(b) "Preparations for the illegal motor vehicle speed contest, exhibition of speed, or
sideshow" include, but are not limited to, situations in which:
(1) A group of motor
vehicles or individuals has arrived at a location for the purpose of
participating in or being spectators at the event; or
(2) A group of individuals has lined one or no
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sides of a public street or highway for
the purpose of part
icipating in or being a spectator at the event; or
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(3) A group of individuals has gathered on private property open to the general public
without the consent of the owner, operator, or agent thereof for the purpose of participating in
or being a spectator at the event; or
(4) One or more individuals has impeded the free public use of a public street or
highway by actions, words, or physical barriers fox the purpose of conducting the event; or
(5) Two or more vehicles have lined up with motors running for an illegal motor vehicle
speed contest, exhibition of speed, or sideshow; ox
(6) One or more drivers is rewing his engine or spinning his tires in preparation for the
event; or
starter.
(7) An individual is stafioned at or near one or more motor vehicles serving as a race
(c) "Sideshow" means a gathering, procession, or assemblage of vehicles on highways
where vehicles in motion are used to exhibit stunts and maneuvers in the presence of spectators.
(d) "Spectator" means any individual who is present at an illegal motor vehicle speed
contest, exhibition of speed, or sideshow or at a location where preparations are being made for
such activities, for the purpose of viewing, observing, watching, 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.
10.72.030 Spectator at illegal speed contest, exhibitions of speed, or sideshow -Violation.
(a) It is unlawful for any individual to be knowingly present as a spectator, either on a
public street or highway, or on private property open to the general public without the consent
of the owner, operator, or agent thereof, at an ill
egal motor vehicle speed contest or exhibition
of speed.
(b) Itis unlawful for any individual to be lrnowingly present as a spectator, either on a
public street or highway, or on private property open to the general public without the consent
ofthe
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owner, operator, or agent thereof, where preparations are being made for an illegal motor
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vehicle speed contest or exhibition of speed.
(c) It is unlawful for any individual to be knowingly present as a spectator, either on
a public street or highway, or on private property open to the general public without the consent
of the owner, operator, or agent thereof, at "D eO W,
(d) Itis unlawful for any individual to be knowingly present as a spectator, either on a
public street or highway, or on private property open to the general public without the consent
of the owner, operator, or agent thereof, where preparations are being made for a sideshow.
(e) An individual is present at the illegal motor vehicle speed contest or exhibition of
speed if that individual is within 200 feet of the location of the event, or within 200 feet of the
location where preparations are being made for the event.
(f) Exemption: Nothing in this section prohibits law enforcement officers, a medical
professional, or a firefighter from being present at illegal motor vehicle speed contests,
exhibitions of speed, or sideshows in the course of their official duties.
10.72.040 Relevant circumstances to prove a violation.
Notwithstanding any other provision of law, to prove a violation of section 10.72.030,
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 individual charged in relation to any individual or group
present at the scene;
(e) The number and description of motor vehicles at the scene;
(f) The activities in which the motor vehicles are engaged;
(g) Whether the individual charged drove, walked, or was transported to the scene;
(h) How long the individual charged was present at the scene of the event;
(i) Whether the individual charged has previously participated in an illegal motor
vehicle speed contest, exhibition of speed, or sideshow;
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(j) Whether the individual charged has previously aided and abetted an illegal motor
vehicle speed contest, exhibition of speed, or sideshow;
(lc) Whether the individual charged has previously attended an illegal motor vehicle
speed contest, exhibition of speed, or sideshow;
(Z) Whether the individual charged previously was present at a location where
preparations were being made for an illegal speed contest, exhibition of speed, or sideshow, ox
where an exhibition of speed, illegal motor vehicle speed contest, or sideshow was in progress.
10.72.050 Admissibility of prior acts.
The list of circumstances set forth in section 10.72.040 is not exclusive. Evidence of
prior acts maybe admissible to show the propensity of the defendant to be present at ox attend
n illegal motor vehicle speed contest, exhibition of speed, or sideshow, if the prior act or acts
occurred within three (3) years of the presently charged offense. These prior acts may always
be admissible to show knowledge on the part of the defendant that a speed contest, exhibition
of speed, or sideshow was taking place at the time of the presently charged offense. Prior acts
are not limited to those that occurred within the city.
Section 3. The provisions of this ordinance are severable, and if any word, clause,
sentence, paragraph, provision, or part of this ordinance, or the application of this ordinan
ce to
any person, is declared invalid, preempted, or unconstitutional by any court, that holding shall
not invalidate any other portion of this ordinance. The City Council finds and determines that
it would have adopted this ordinance without the word, clause, sentence, paragraph, provision,
or part that was declared invalid.
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Section 4. This ordinance shall be published as required by law.
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Mayor
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I, DORIS MORTENSEN, City Clerk of the City of Burlingame, do hereby certify that
the foregoing ordinance was introduced at a meeting of the City Council of the City of
Burlingame on the 19"' day of December, 2005, and the ordinance was duly adopted at a regular
meeting of the City Council on the 3' day of January, 2006, by the following vote:
AYES: COUNCILMEMBERS: BAYLOCK, COHEN, KEIGHRAN, NAGEL, O'MAHONY
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
QEF'ILESVORDINANCAsideshowspectators.ord.wpd
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City Clerk