HomeMy WebLinkAboutOrd 2003-2894- ORDINANCE NO. 2894
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADDING CHAPTER 10.30, SECTIONS
10.30.010 THROUGH 10.30.050 TO THE CHULA VISTA
MUNICIPAL CODE RELATED TO SPECTATORS
PROHIBITED AT ILLEGAL STREET CONTESTS OF
EXHIBITIONS OF SPEED
The City Council of the City of Chula Vista does ordain as follows:
SECTION I: That Chapter 10.30 and Sections 10.30.010 through 10.30.050 are hereby added to
the Chula Vista Municipal Code.
10.30.010 Purpose.
a) The Council for the City of Chula Vista f'mds 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.
b) Motor vehicle speed contests and exhibitions of speed are more commonly known
as street races or drag races. Streets within the City of Chula Vista have been the
site of continuing and escalating illegal street racing over the past several years.
c) Such 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 to enjoy the use of their property within the City
of Chula Vista.
d) In the past five years, the City of Chula Vista has experienced eleven collisions
with vehicles involved in street racing. Those collisions claimed the lives of
fourteen community members
e) The illegal street races occur on a regular basis on various streets within the
County of San Diego as well as in Chula Vista. Specifically, racers and spectators
gather on these streets late at night and in the early morning hours, blocking the
streets and sidewalks to traffic, forming a racetrack area, placing bets, and
otherwise encouraging, aiding and abetting the racing process.
f) Illegal street racers accelerate to high speeds without regard to oncoming traffic,
pedestrians, or vehicles parked or moving nearby. The racers drive quickly from
street to street, race for several hours, and then move to other locations upon the
arrival of the police.
g) Those who participate in this illegal activity are very sophisticated, using their
cell phones, police scanners, and other electronic devices to communicate with
each other to avoid arrest. They also use the Intemet 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. In some cases, illegal street races attract hundreds of spectators.
Ordinance 2894
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h) The mere presence of spectators at these events fuels the illegal street racing and
creates an environment in which these illegal activities can flourish.
i) This ordinance targets a very clear, limited population and gives proper notice to
individuals as to what activities are lawful and what activities are unlawful. In
discouraging spectatom, the act of organizing and participating in illegal street
races will be discouraged.
10.30.020 Definitions
Illegal motor vehicle 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).
Preparations for the illegal motor vehicle speed contest or exhibition of speed include, but
are not limited to, situations in which:
(1) a group of motor vehicles or individuals have arrived at a location for the
purpose of participating in or being spectatom at the event;
(2) a group of individuals have lined one or both sides of a public street or
highway for the purpose of participating in or being a spectator at the
event;
(3) a group of individuals have gathered on private property open to the
general public without the consent of the owner, operator, or agent thereof
for the purpose of participating in or being a spectator at the event;
(4) one or more individuals have impeded the free public use of a public street
or highway by actions, words, or physical barriers for the purpose of
conducting the event;
(5) two or more vehicles have lined up with motors running for an illegal
motor vehicle speed contest or exhibition of speed;
(6) one or more drivers is rewing their engine or spinning their fires in
preparation for the event;
(7) an individual is stationed at or near one or mom motor vehicles serving as
a race starter.
Spectator means any individual who is present at an illegal motor vehicle speed contest or
exhibition of speed, or at a location where preparations are being made for such activities, for the
purpose of viewing, observing, watching, or witnessing the event as it progresses.
Spectator includes any individual at the location of the event without regard to whether
the individual arrived at the event by driving a vehicle, riding as a passenger in a vehicle,
walking, or arriving by some other means.
10.30.030 Spectator at Illegal Speed Contest or Exhibitions of Speed - Violation
(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
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- of the owner, operator, or agent thereof, at an illegal motor vehicle speed contest
or exhibition of speed is guilty of a misdemeanor subject to a maximum of six
months in jail and a fine of $1,000.
(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 subject to a maximum of six months in jail and a fine of $1,000.
(c) An individual is present at the illegal motor vehicle speed contest or exhibition of
speed if that individual is within 200 feet of the location of the event, or within
200 feet of the location where preparations are being made for the event.
(d) Exemption: 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.
10.30.040 Enforcement Procedure
Upon any violation of Section 10.30.030 (a) through 10.30.030 (d), a Peace Officer may
issue a citation to any person who is a spectator. If cited the person shall appear in court as
directed in the citation.
10.30.050 Penalties
Violations of Section 10.30.030 (a) through 10.30.030 (d) shall be punished in
accordance with Chapter 1.20 of the City of Chula Vista Municipal Code.
SECTION II: This ordinance shall take effect and be in full force and effect on the thirtieth day
after its second reading and adoption.
SECTION III: Severability. If any sections, subsection, sentence, clause, phrase or portion of
this ordinance is held invalid or unconstitutional for any reason by any court or competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not effect the validity of the remaining portions.
Presented by Approved as to form by
Josh,. Kaheny
Police Chief Cffy Attorney
Ordinance 2894
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 28th day of January, 2003, by the following vote:
AYES: Councilmembers: Davis, Rindone, Salas, McCann, and Padilla
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ATI'EST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, Caiifomia, do hereby certify that the foregoing
Ordinance No. 2894 had its first reading at a regular meeting held on the 21st day of January,
2003 and its second reading and adoption at a regular meeting of said City Council held on the
28th day of January, 2003.
Executed this 28th day of January, 2003.
Susan Bigelow, City Clerl~