A. Any individual who is 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 illegal motor vehicle speed contest or exhibition of speed is guilty of a misdemeanor.
B. Any individual who is 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 an illegal motor vehicle speed contest or exhibition of speed is guilty of a misdemeanor; however, a court may determine that the offense is an infraction in which the case shall proceed as if the defendant has been arraigned on an infraction complaint.
C. Local law enforcement shall also have the authority to cite any spectator in violation of this chapter with an administrative citation.
D. An individual is present at the illegal motor vehicle speed contest or exhibition of speed if that individual is within two hundred feet of the location of the event, or within five hundred feet of the location where preparations are being made for the event.
E. Exceptions. This section shall not apply in any of the following instances:
1. Where its application results in or is coupled with an act prohibited by the Unruh Civil Rights Act or any other provision of law relating to prohibited discrimination against any person on account of sex, race, color, religion, creed, ancestry, national origin, disability, medical condition, marital status, or sexual orientation;
2. Where its application would result in an interference with or inhibition of peaceful labor picketing or other lawful labor activities;
3. Where its application would result in an interference with or inhibition of any other exercise of constitutionally protected rights of freedom of press and freedom of speech such as, but not limited to, peaceful expressions of political or religious opinions, not involving offensive personal conduct.
4. Nothing in this section prohibits law enforcement officers or their agents from being spectators at illegal motor vehicle speed contests or exhibitions of speed in the course of their official duties. (Ord. 2023-11-1545 § 16 (part), 2023)