(A) The Tulare City Council finds and declares that pursuant to Cal. Vehicle Code §§ 23103 et seq., and 23109 et seq., motor vehicle speed contests, reckless driving, exhibitions of speed conducted on public streets and highways, and reckless driving conducted on public streets, highways, and off-street parking facilities, are illegal under California law. Motor vehicle speed contests and exhibitions of speed are more commonly referred to as street races. Common acts of reckless driving often occur during, or when preparations are being made for, such illegal street races. This includes pre-race events referred to as “sideshows” or motorcycle “stunting” in which groups of people block streets and sidewalks to form sideshow or stunt areas in conjunction with street races. Streets and off-street parking facilities within the City of Tulare have been the site(s) of continued and escalating illegal street races, sideshows, and motorcycle stunting over the past several years.
(B) Street races, sideshows, and motorcycle stunting pose an immediate threat to the health and safety of the public, interfere with pedestrian and vehicular traffic, create a public nuisance, and inhibit private business owners from enjoying the use of their property within the City of Tulare. Groups of racers, sideshow participants, stunters, and spectators gather on the streets and in off-street parking facilities late at night and in the early morning hours. Among other things, these groups block traffic on the streets and sidewalks in order to form a racetrack, “sideshow,” or stunt area, place bets and wagers, and otherwise encourage, aid and abet the street racing process.
(C) Illegal street racers accelerate to high speeds without regard to oncoming traffic, pedestrians, or other vehicles. The racers drive quickly from street to street, race for several hours, and then move to different locations upon the arrival of police. Participants in these illegal activities use cell phones, police scanners, and other electronic devices to communicate with each other in order to avoid arrest. Social media and other websites are used to provide information on where to race and how to avoid detection and prosecution. These activities have resulted in an increase in traffic accidents, property crimes, and calls for police service. Illegal street racing, sideshows, and motorcycle stunting attract many spectators, and the presence of spectators at these events encourages street racing to continue and creates an environment in which illegal activities can flourish.
(D) This chapter makes it a violation of the City of Tulare Municipal Code to participate in a street race or reckless driving exhibition on or in a public highway or off-street parking facility. This chapter also makes it a violation of the City of Tulare Municipal Code to be a spectator at, otherwise encourage, aid and abet the street racing process, or be present when preparations are being made for, a street race or reckless driving exhibition. This chapter further provides that evidence of specified prior acts are admissible as evidence to show the propensity of a criminal defendant to be present at or attend illegal street races or reckless driving exhibitions, if the prior act(s) occurred within three years of the presently charged offense. This chapter is adopted to prohibit spectators at illegal street races and reckless driving exhibitions in order to significantly decrease this criminal activity. It targets a clear, limited population and gives proper notice to citizens as to which activities are unlawful.
(Ord. 2023-06, passed 8-15-2023)