HomeMy WebLinkAbout600ORDINANCE NO. 600
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF IRWINDALE
ADDING CHAPTER 10.60 TO THE IRWINDALE MUNICIPAL CODE
TO PROHIBIT SPECTATORS FROM CONGREGATING AT ILLEGAL SPEED
CONTESTS AND EXHIBITIONS
WHEREAS, under the provisions of Section 23109 of the California
Vehicle Code, speed contests and exhibitions of speed on public streets are
illegal; and
WHEREAS, Section 23109 of the California Vehicle Code also prohibits
anyone from aiding or abetting in special contests on public streets; and
WHEREAS, speed contests and exhibitions of speed on public streets
pose serious hazards to both motorists and pedestrians and disrupt local
businesses as such events create a dangerous environment, creating traffic
congestion and risks of serious injury or death for pedestrians and motorists on
local streets; and
WHEREAS, illegal street racing and exhibitions of speed attract other
criminal activity, including juvenile curfew violations, littering, drinking in public,
urinating in public, gambling, fights and disturbances, trespassing, graffiti, and
vandalism; and
WHEREAS, the City of Irwindale ("City") has seen an influx in dangerous
street racing within the industrial sector of the City; and
WHEREAS, illegal street racing and exhibitions of speed attract dozens of
juveniles and adults to City streets; and
WHEREAS, the City has determined that the presence of spectators at
these events encourages the occurrence of these unlawful events, which events
threaten the public peace, property, and health and safety of the City's residents
and businesses; and
WHEREAS, the City Council of the City seeks to promote the City's
interest in protecting and preserving the safety of pedestrians and motorists in,
about, or upon public streets and highways so as to minimize any dangerous
conditions caused by illegal street racing and exhibitions of speed, and to curb
the criminal activity surrounding illegal street racing and exhibitions of speed.
Ordinance No. 600
Page 1
01005/0010/42284v2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
IRWINDALE HEREBY ORDAINS AS FOLLOWS:
Section 1. That Chapter 10.60 of the Irwindale Municipal Code is
hereby added to read as follows:
"Chapter 10.60
Spectators Prohibited at Illegal Speed Contests or
Exhibitions of Speed.
Sections:
10.60.010 Purpose.
10.60.020 Definitions.
10.60.030 Spectators at Illegal Speed Contests or Exhibitions of
Speed - Violation.
10.60.040 Relevant Circumstances to Prove Violation.
10.60.010. Purpose.
The City of Irwindale finds and declares that pursuant to California Vehicle
Code Section 23109, motor vehicle speed contests and exhibitions of speed
conducted on public streets and highways are illegal. Motor vehicle speed
contests and exhibitions of speed are more 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. Street racing threatens the health and safety of the public,
interferes with pedestrian and vehicular traffic, creates a public nuisance, and
interferes with the right of private business owners and residents to enjoy the use
of their property within the City. Illegal street races occur on a regular basis on
various streets within the City. Groups of racers and spectators gather on City
streets late at night and in the early morning hours, blocking the streets and
sidewalks to traffic, placing bets, and otherwise encouraging, aiding, and abetting
the racing process.
Illegal street racers accelerate to high speeds without regard to oncoming
traffic, pedestrians, or vehicles which are parked or moving nearby. The racers
drive quickly from street to street, racing and then moving to other locations upon
the arrival of the police. Participants in this illegal activity are very sophisticated,
using cell phones, police scanners, and other electronic devices to communicate
with each other to avoid 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 have increased
dramatically as a result of such activities.
In many cases, illegal street races have the potential to attract dozens of
spectators. The mere presence of spectators at these events fuels the illegal
Ordinance No. 600
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street racing and creates an environment in which these illegal activities can
flourish.
This Chapter is adopted to prohibit spectators at illegal street races with
the aim of significantly curbing this criminal activity. In discouraging spectators,
the act of organizing and participating in illegal street races will be discouraged.
10.60.020 Definitions.
For the purposes of this Chapter, certain words and phrases used in this chapter
shall be construed as set forth in this section unless it is apparent from the entire
context that a different meaning is intended.
A. "Illegal 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 an illegal speed contest or exhibition of speed means,
but is not limited to, situations in which (1) a group of motor vehicles or
individuals has arrived at an illegal speed contest or exhibition of speed location
for the purpose of participating in or being spectators at an illegal speed contest
or exhibition of speed event; (2) a group of individuals has lined one or both sides
of a public street or highway for the purpose of participating in or being a
spectator at an illegal vehicle speed contest or exhibition of speed event; (3) a
group of individuals has gathered on private property open to the general public
for the purpose of participating in or being a spectator at an illegal speed contest
or exhibition of speed event; (4) one or more individuals has impeded the free
public use of a public street or highway by actions, words, or physical barriers for
the purpose of conducting an illegal speed contest or exhibition of speed event;
(5) two or more vehicles have lined up with motors running for an illegal speed
contest or exhibition of speed; (6) one driver or more is revving his engine or
spinning his tires in preparation for an illegal speed contest or exhibition of
speed; or (7) an individual is stationed at or near one or more motor vehicles
serving as a race starter for an illegal speed contest or exhibition of speed.
C. "Spectator" means any individual who is present at an illegal speed
contest or exhibition of speed, or at a location where preparations are being
made for such event, for the purpose of viewing, observing, watching or
witnessing the event as it progresses. Spectator includes any individual at the
location of an illegal vehicle speed contest or exhibition of speed, without regard
to how the individual arrived at such event.
10.60.030 Spectator at Illegal Speed Contests or Exhibitions of Speed —
Violation.
Any individual who knowingly gathers, attends, or assists an illegal speed
contest or illegal exhibition of speed as defined by Vehicle Code Section 23109
or knowingly gathers, attends or assists in preparations for same, is guilty of a
Ordinance No. 600
Page 3
misdemeanor subject to a maximum of six months in jail and a fine of $1,000, or
both.
10.60.040 Relevant Circumstances to Prove a Violation.
Notwithstanding any other provision of law, to prove a violation of Section
10.60.030, 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) That the individual charged has previously participated in an illegal speed
contest or exhibition of speed;
(G) That the individual charged has previously aided and abetted an illegal
speed contest or exhibition of speed;
(H) That the individual charged has previously attended an illegal speed
contest or exhibition of speed;
(1) That the individual charged previously was present at a location where
preparations were being made for an illegal speed contest or exhibition of
speed or where an exhibition of speed or illegal speed contest was in
progress."
Section 2. SEPARABILITY. If any section, subsection, sentence,
clause, phrase or portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision and such holding shall
not affect the validity of the remaining portions hereof.
Section 3. This Ordinance shall be in full force and effect thirty (30)
days after its passage.
Section 4. The Deputy City Clerk shall certify to the passage of this
ordinance and cause the same to be posted in the manner provided by law.
Ordinance No. 600
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PASSED, APPROVED AND ADOPTED this 24TH day of May 2006.
JL#n A. Miranda, May
TTEST:
IDp
a J. o, MC
uty City Clerk
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES } ss.
CITY OF IRWINDALE }
I, Linda J. Kimbro, Deputy City Clerk of the City of Irwindale, California do hereby
certify that the foregoing Ordinance No. 600 was introduced at a regular meeting of
the City Council of the City of Irwindale held on the 2nd day of May 2006, and was
duly passed at an adjourned meeting of the City Council of the City of Irwindale
held on the 24th day of May, by the following vote:
AYES: Councilmembers: Breceda, Fuentes, Tapia, Ortiz, Mayor Miranda
NOES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
}
Lin Kimbro, C
Deputy City Clerk
AFFIDAVIT OF POSTING
I, Linda J. Kimbro, Deputy City Clerk, certify that I caused a copy of Ordinance No. 600, adopted by the City Council of the City
Irwindale at its adjourned meeting held May 24, 2006, to be posted at the City Hall, Library, and Post Office on May 30,
06.
Al/Dated: May 30, 2006
LJ. KIMSirk, CAC
e uty City Clerk--'
Ordinance No. 600
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