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For purposes of this Article 56, the following terms have the following meanings:
“Motor Vehicles” means cars, trucks, vans, motorcycles, mopeds, dirt bikes, all-terrain vehicles, other off-highway vehicles, and all other vehicles covered by California Vehicle Code Sections 415 and 670, as they may be amended from time to time.
“Off-street Parking Facility” means any off-street facility held open for use by the public for parking vehicles and includes any publicly owned facilities for offstreet parking, and privately-owned facilities for off-street parking where no fee is charged for the privilege to park and which are held open for the common public use of retail customers covered by California Vehicle Code Section 12500, as may be amended from time to time.
“Participate” means knowingly engage in one or more acts to conduct, or aid in or abet, a Vehicle Sideshow, or knowingly engage in Preparation of a Vehicle Sideshow;
“Preparation” means engaging in any of the following acts with the purpose of Participating in or aiding in or abetting a Vehicle Sideshow:
(1) One or more motor vehicles and persons arriving at a predetermined location on a public street or highway or in an Off-street Parking Facility;
(2) Two or more persons gathering on, or adjacent to, a public street or highway or gathering in an Off-street Parking Facility;
(3) One or more persons impeding the free public use of a public street, highway, or Off-street Parking Facility by acts, words, or physical barriers;
(4) One or more motor vehicles lining up on a public street or highway, or at an Off-street Parking Facility with motors running;
(5) One or more drivers revving a Motor Vehicle’s engine or causing the Motor Vehicle’s tires to spin; or
(6) A person standing or sitting in a location to act as a race starter.
“Present” means any person (1) within 200 feet of the location of a Vehicle Sideshow, or (2) within 200 feet of the site of the Preparation of a Vehicle Sideshow.
“Promote” means the act of a person that assists, encourages, or incites persons to plan, organize, Participate in, attend, or gather at the Preparation of a Vehicle Sideshow, or that assists, encourages, or incites persons to plan, organize, Participate in, attend, or gather at a Vehicle Sideshow.
“Vehicle Sideshow” means an event in which two or more persons block or impede traffic on a public street or highway or in an Off-street Parking Facility, for the purpose of performing motor vehicle stunts, motor vehicle speed contests, motor vehicle exhibitions of speed, or reckless driving covered by California Vehicle Code section 23109, as may be amended from time to time.
(Added by Ord. 239-24, File No. 240844, App. 10/15/2024, Eff. 11/15/2024)
No person shall Promote the Preparation of a Vehicle Sideshow or Promote a Vehicle Sideshow.
(Added by Ord. 239-24, File No. 240844, App. 10/15/2024, Eff. 11/15/2024)
No person shall assemble with others to block or obstruct the street, sidewalk, highway, other public right-of-ways, or private property absent consent of the private property owner, operator, or agent, in connection with Preparation of a Vehicle Sideshow or in connection with a Vehicle Sideshow after being warned to disperse by a law enforcement official.
(Added by Ord. 239-24, File No. 240844, App. 10/15/2024, Eff. 11/15/2024)
No person shall knowingly be Present at a Vehicle Sideshow or the Preparation of a Vehicle Sideshow for the purpose of Participating in or aiding and abetting the Vehicle Sideshow or Preparation of the Vehicle Sideshow. For purposes of this Section 5605, aiding and abetting may include promoting, encouraging, supporting, or instigating the unlawful activity.
(Added by Ord. 239-24, File No. 240844, App. 10/15/2024, Eff. 11/15/2024)
Sections 5603, 5604, 5605 do not apply to:
(a) law enforcement officials engaged in the course and scope of their duties;
(b) members of the media engaged in the course and scope of their duties; and
(c) members of the public who are merely observing and/or reporting on the Preparation of a Vehicle Sideshow, or on a Vehicle Sideshow, provided they are not Participating or aiding and abetting in the Preparation of a Vehicle Sideshow or in a Vehicle Sideshow.
(Added by Ord. 239-24, File No. 240844, App. 10/15/2024, Eff. 11/15/2024)
No person shall willfully obstruct, impede, delay, or interfere with law enforcement’s performance of official duties in connection with Preparation of a Vehicle Sideshow or in connection with a Vehicle Sideshow.
(Added by Ord. 239-24, File No. 240844, App. 10/15/2024, Eff. 11/15/2024)
Any person who violates Sections 5603, 5604, 5605, or 5607 is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed $500, or by imprisonment for a period of not to exceed six months, or by both such fine and imprisonment.
(Added by Ord. 239-24, File No. 240844, App. 10/15/2024, Eff. 11/15/2024)
(a) Any law enforcement official who arrests any person engaged in conduct that violates Section 23109.2 of the California Vehicle Code, as may be amended from time to time, shall impound the vehicle for for1
30 days.
(b) Except as specified in California Vehicle Code Section 23109.2(c)-(d), any vehicle impounded under subsection (a), above, shall be released only (1) if the District Attorney fails to charge the registered owner or operator of the vehicle with violating Section 23109 et. seq.1
of the California Vehicle Code, (2) the District Attorney or the court directs the law enforcement official to release the vehicle, or (3) there is no other legal basis to hold the vehicle.
(c) If the District Attorney charges a person with a violation of Section 23109 et. seq.1
of the California Vehicle Code, law enforcement official shall retain the vehicle used in the Vehicle Sideshow at least until the conclusion of the criminal action unless the District Attorney or the court orders the release of the vehicle.
(d) If the defendant is charged with and convicted of violating Section 23109 et. seq.1
of the California Vehicle Code and the defendant’s vehicle was impounded and not subject to return under 23109.2 of the California Vehicle Code, law enforcement officials may either sell the vehicle at a public auction or destroy it if the vehicle has little to no value.
(e) Nothing in this Article 56 shall override any applicable provisions in the California Vehicle Code.
(f) This Article 56 shall be construed and enforced consistent with the First Amendment of the United States Constitution.
CODIFICATION NOTE
1. So in Ord. 239-24.
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