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6504 ORDINANCE 6504 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING CHAPTER 14.70 TO TITLE 14 OF THE ANAHEIM MUNICIPAL CODE TO PROHIBIT PARTICIPATING IN OR BEING A SPECTATOR AT A STREET RACE OR RECKLESS DRIVING EXHIBITION, AND REPEALING SECTIONS 14.32.084 AND 14.32.183 OF THE CODE AND RELOCATING THEM AS MODIFIED IN CHAPTER 14.70 THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS: SECTION 1: Chapter 14.70 is hereby added to the Anaheim Municipal Code to read in full as follows: 14.70 Street Races and Reckless Driving Exhibitions Prohibited. .010 Purpose. .0101 The City Council finds and declares that pursuant to California Vehicle Code sections 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 offstreet 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 offstreet parking facilities within the City have been the sites of continuing and escalating illegal street races, sideshows, and motorcycle stunting over the past several years. .0102 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. Groups of racers, sideshow participants, stunters, and spectators gather on the streets and in offstreet 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. .0103 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. .0104 This chapter makes it a violation of the Anaheim Municipal Code to participate in a street race or reckless driving exhibition on or in a public highway or offstreet parking facility. This chapter also makes it a violation of the Anaheim Municipal Code to be a spectator at, 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 (3) 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. .020 Definitions. For purposes of this section: "Street race" or"street racing" means any speed contest or exhibition of speed referred to in California Vehicle Code section 23109, as it may be amended from time to time. "Reckless driving exhibition" means any exhibition of reckless driving referred to in California Vehicle Code section 23103, as it may be amended from time to time. "Offstreet parking facility" has the same meaning as set forth in subdivision (c) of California Vehicle Code section 12500, as it may be amended from time to time, and includes any public or private parking facility open and accessible to members of the public. "Spectator" means any person who is present at a street race or reckless driving exhibition, or the site of the preparations for either of these activities, 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. A person is "present" at a street race or reckless driving exhibition if that person is within two hundred (200) feet of the location of the street race or reckless driving exhibition, or within two hundred (200) feet of the site of the preparations for either of these activities. "Preparations" for any street race or reckless driving exhibition include, but are not limited to, any of the following acts done for the purpose of a street race or reckless driving exhibition: 1) One (1) or more motor vehicles and persons have arrived at a predetermined location on a public street or highway or in an offstreet parking facility; 2) One (1) or more persons have gathered on, or adjacent to, a public street or highway; 3) One (1) or more persons have gathered in an offstreet parking facility; 4) One (1) or more persons have gathered for a sideshow, motorcycle stunting or other exhibition in conjunction with a street race or reckless driving exhibition; 5) One (1) or more persons have impeded the public use of a public street, highway, or offstreet parking facility by acts, words or physical barriers; 6) One (1) or more motor vehicles have lined up on a public street, highway, or offstreet parking facility with motors running; 7) One (1) or more drivers is revving a motor vehicle's engine or causing the motor vehicle's tires to spin; or 8) A person is standing or sitting in a location for the purpose of acting as a race starter. .030 Street Races and Reckless Driving Exhibitions Prohibited. It shall be unlawful for any person to engage in, or to aid and abet, any street race or reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility. A violation of this section may be punishable as a misdemeanor or an infraction in the discretion of the City Attorney. .040 Spectators at Street Races and Reckless Driving Exhibitions Prohibited. .0401 It shall be unlawful for any person to be knowingly present as a spectator at a street race or reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility. .0402 It shall be unlawful for any person to be knowingly present as a spectator where preparations are being made for a street race or reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility. .0403 A violation of this section may be punishable as a misdemeanor or an infraction at the discretion of the City Attorney. .0404 Nothing in this section prohibits peace officers or their agents who are acting in the course of their official duties from being spectators at a street race or reckless driving exhibition and/or spectators at the location of preparations for either of these activities. .050 Proving a Violation—Spectators at Street Races or Reckless Driving Exhibitions. .0501 Notwithstanding any other provision of law, to prove a violation of Anaheim Municipal Code section 14.70.040, admissible evidence may include, but is not limited to, any of the following: 1) That the person charged has previously participated in or been a spectator at a street race or reckless driving exhibition; 2) That the person charged has previously aided and abetted street racing or a reckless driving exhibition; 3) That the person charged has previously attended a street race or reckless driving exhibition; 4) That the person charged was previously present at a location where preparations were being made for a street race or reckless driving exhibition, or where a street race or reckless driving exhibition was in progress; or 5) To the fullest extent permissible by law, evidence of prior act(s) may be admissible to show the plan, opportunity, intent, knowledge, identity and/or propensity of the person charged to be present at a street race or a reckless driving exhibition if the prior act(s) occurred within three (3) years of the presently charged offense. The prior act(s) may also be admissible to show that, in the absence of a mistake or accident, the person charged had knowledge that a street race or reckless driving exhibition was taking place. .0502 In addition to the circumstances set out in subsection 0501, and notwithstanding any other provision of law, to prove a violation of this chapter, admissible evidence may also include, but is not limited to, any of the following: 1) The time of day; 2) The nature and description of the scene, including the number and configuration of traffic lanes; 3) The number of people at the scene; 4) The location of the person charged in relation to any person or group of persons present at the scene; 5) The number and types of motor vehicles at the scene; 6) That the motor vehicles at the scene have been modified or altered to increase power, handling, or visual appeal; 7) That the person charged drove or was transported to the scene; or 8) That the person charged admitted to being a spectator at a street race or reckless driving exhibition. .0503 As used in subsection 0502 above, "scene" means the location of a street race or reckless driving exhibition or the location of the preparations for a street race or reckless driving exhibition. SECTION 2: Sections 14.32.084 and 14.32.183 of the Anaheim Municipal Code are hereby repealed in their entirety. SECTION 3. SEVERABILITY. The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence, phrase, term or word of this ordinance be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other portions of this ordinance independent of the elimination of any such portion as may be declared invalid. If any section, subdivision,paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence, clause or phrase had been declared invalid or unconstitutional. SECTION 4. CERTIFICATION The City Clerk shall certify to the passage of this ordinance and shall cause the same to be printed once within fifteen (15) days after its adoption in the Anaheim Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim. SECTION 5. EFFECTIVE DATE This ordinance shall take effect and be in full force thirty (30) days from and after its final passage. I/ I/ /I THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council of the City of Anaheim held on the 26th day of January, 2021, and thereafter passed and adopted at a regular meeting of said City Council held on the 9th day of February, 2021, by the following roll call vote: AYES: Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil NOES: None ABSENT: None ABSTAIN: None CITY OF ANAHEIM BY: ►�►�l M. Y.• OF T7 E CITY OF ANAHEIM AT ? fir - Ai OF THE CITY OF ANAHEIM CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No.6504 introduced at a regular meeting of the City Council of the City of Anaheim, held on the 26th day of January, 2021, and that the same was duly passed and adopted at a regular meeting of said City Council held on the 9th day of February, 2021, by the following vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel, Diaz, Brandman, Moreno, Valencia, and O'Neil NOES: None ABSENT: None ABSTAIN: None IN WITNESS WHEREOF, I have hereunto set my hand this 10th day of February, 2021. C ERK OF THE CITY OF ANAHEIM (SEAL) Anaheim Bulletin PROOF OF PUBLICATION 2190 S.Towne Centre Place Suite 100 Anaheim, CA 92806 Legal No. 0011442411 714-796-2209 SUMMARY PUBLICATION CITY OF ANAHEIM ORDINANCE NO.6504 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ANAHEIM ADDING CHAPTER 14.70 TO TITLE 14 OF THE ANAHEIM MUNICIPAL CODE TO PROHIBIT PARTICIPAT- ING IN OR BEING A SPECTATOR AT A STREET RACE OR 5190168 RECKLESS DRIVING EXHIBITION, AND REPEALING SEC- TIONS 14.32.084 AND 14.32.183 OF THE CODE AND RELOCAT- ING THEM AS MODIFIED IN CHAPTER 14.70 ANAHEIM,CITY OF/CLERKS OFF This ordinance i)adds Chapter 14.70 to the Anaheim Municipal Code,pro- 200 S ANAHEIM BLVD STE 217 hibiting spectating at Street Racing and Reckless Driving Exhibitions; and ii) repeals Anaheim Municipal Code sections 14.32.084 and 14.32.183 ANAHEIM, CA 92805-3820 and relocates them as modified in Chapter 14.70. The impact of this ordi- nance is to make it illegal to be a spectator at,or a participant in,an ille- gal Street Race or Reckless Driving Exhibition (as defined in the ordi- nance and the California Vehicle Code),and to establish standards for de- termining when such a violation has occurred. I,Theresa Bass,City Clerk of the City of Anaheim,do hereby certify that the foregoing is a summary of Ordinance No. 6504,which ordinance was FILE NO. 1 of many introduced at a regular meeting of the City Council of the City of Ana- heim on the 26th day of January,2021 and was duly passed and adopted at a regular meeting of said Council on the 9th day of February, 2021 by the AFFIDAVIT OF PUBLICATION following roll call vote of the members thereof: AYES: Mayor Sidhu and Council Members Faessel,Diaz,Brandman, STATE OF CALIFORNIA, Moreno,Valencia,and O'Neil SSS. NOES: None County of Orange ABSENT: None ABSTAIN: None The above summary is a brief description of the subiect matter contained in the text of Ordinance No. 6504, which has been prepared pursuant to Section 512 of the Charter of the City of Anaheim. This summary does not I am a citizen of the United States and a resident of the include or describe every provision of the ordinance and should not be re- County aforesaid; I am over the age of eighteen years, and lied on as a substitute for the full text of the ordinance. not a party to or interested in the above-entitled matter. I To obtain a copy of the full text of the ordinance, please contact the Office of the City Clerk, (714) 765-5166, between 8:00 AM and 5:00 PM, Monday am the principal clerk of the Anaheim Bulletin, a through Friday. There is no charge for the copy. newspaper that has been adjudged to be a newspaper of Published Anaheim Bulletin Feb.18,2021 11442411 general circulation by the Superior Court of the County of Orange, State of California, on December 28, 1951, Case No. A-21021 in and for the City of Anaheim, County of Orange, State of California; that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 02/18/2021 I certify(or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California, on Date: February 18, 2021. ejvcativu_ksiivryi Signature r.LP1-12115/16 1 CLERK'S CERTIFICATE STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF ANAHEIM ) I, THERESA BASS, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the original Ordinance No. 6504 and was published in the Anaheim Bulletin on the 18th day of February, 2021, pursuant to Section 512 of the City Charter of the City of Anaheim. CLERK OF THE CITY OF ANAHEIM (SEAL)