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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 Page 2 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 Page 4 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 Page 5