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Packet 20240402
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13C ACTION
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4/19/2024 9:10:53 AM
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4/19/2024 9:10:48 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
4/2/2024
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<br />“Spectator” shall mean any person who is present at a Sideshow Event, or the site of the Preparations <br />for a Sideshow Event, for the purpose of viewing, observing, watching, or witnessing the Sideshow Event as it <br />progresses. A “Spectator” includes any person at the location of the Sideshow Event that may have participated <br />in preparations and/or promoting the Sideshow Event. <br /> <br />4-44-170 Street Race <br /> <br />“Street Race” means any motor vehicle speed contest or motor vehicle exhibition of speed referred to in <br />subdivisions (a) and (c) of California Vehicle Code Section 23109, as may be amended. <br /> <br />Article 2 Prohibition <br /> <br />4-44-200 Spectators Prohibited at Sideshow Events <br /> <br />a) It is unlawful for any person to knowingly be a Spectator at a Side Show Event conducted on a public <br />street or highway or off-street parking facility. <br /> <br />b) It is unlawful for any person to knowingly be a Spectator at the location of Preparations for a <br />Sideshow Event on a public street or highway or off-street parking facility. <br /> <br />c) Nothing in this section prohibits peace officers or their agents who are acting in the course of their <br />official duties from being Spectators at a Sideshow Event or at the location of Preparations for any <br />Sideshow Event. <br /> <br />4-44-210 Relevant Circumstances to Prove a Violation <br /> <br />a) Notwithstanding any other provision of law, to prove a violation of this Chapter admissible evidence <br />may include, but is not required to include, or limited to, any of the following: <br /> <br />(1) The time of day. <br /> <br />(2) The nature and description of the Scene, including the number and configuration of traffic lanes. <br /> <br />(3) The number of people at the Scene. <br /> <br />(4) The location of the person charged in relation to any person, group of persons or vehicle(s) <br />present at the Scene. <br /> <br />(5) The approximate number and/or descriptions of motor vehicles at the Scene. <br /> <br />(6) Whether the motor vehicles at the Scene have been modified or altered to increase power, <br />acceleration, speed, or handling. <br /> <br />(7) The person charged drove or was transported to the Scene. <br /> <br />b) Evidence of prior acts may be admissible to show the propensity of the person to be present at or <br />attend a Sideshow Event if the prior act or acts occurred within three years of the presently charged <br />offense. These prior acts may always be admissible to show knowledge on the part of the person <br />that a Sideshow Event was taking place at the time of the presently charged offense. Prior acts are DRAFT
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