(Amended by Ord. No. 174,891, Eff. 12/1/02.)
A. It shall be unlawful for any person to:
1. Be knowingly present as a spectator at any illegal motor vehicle speed contest or exhibition of speed conducted on a public street or highway; or
2. Be knowingly present as a spectator where preparations are being made for any illegal motor vehicle speed contest or exhibition of speed conducted on a public street or highway.
B. For purposes of this section, the following definitions shall apply:
1. “Illegal motor vehicle speed contest or exhibition of speed” shall mean any speed contest or exhibition of speed referred to in California Vehicle Code Sections 23109(a) and 23109(c).
2. “Spectator” shall mean any person who is present at an illegal motor vehicle speed contest or exhibition of speed for the purpose of viewing, observing, watching, or witnessing the event as it progresses. A “spectator” includes any person at the location of the event without regard to the means by which the person arrived.
3. A person is “present” at the illegal motor vehicle speed contest or exhibition of speed if that person is within 150 feet of the location of the event, or within 150 feet where preparations are being made for the event.
4. “Preparations” means any of the following acts done for the purpose of a motor vehicle speed contest or exhibition of speed:
(a) A group of motor vehicles and persons has arrived at a predetermined location;
(b) A group of individuals has lined one or both sides of a public street or highway;
(c) One or more persons have impeded the free public use of a public street or highway by actions, words or physical barrier for the purpose of conducting the event;
(d) Two or more vehicles have lined up with motors running for an illegal motor vehicle speed contest or exhibition of speed;
(e) One or more drivers is racing their engine or spinning their tires in preparation for the event;
(f) An individual is stationed near one or more motor vehicles as a race starter.
C. Notwithstanding any other provision of law, to prove a violation of this section, admissible evidence may include, but is not limited to, any of the following:
1. That the person charged has previously participated in an illegal speed contest or speed exhibition;
2. That the person charged has previously aided and abetted an illegal speed contest or speed exhibition;
3. That the person charged has previously attended an illegal speed contest or speed exhibition;
4. That the person charged was previously present at a location where preparations were being made for an illegal speed contest or exhibition of speed or where a speed exhibition or speed contest was in progress;
5. Evidence of these prior acts may be admissible to show the propensity of the defendant to be present or attend a speed contest or speed exhibition if the prior act or acts occurred within three 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 was taking place.
D. A violation of this ordinance shall constitute a misdemeanor, punishable by a fine not to exceed $1,000.00, or by imprisonment not to exceed six months, or both.