Number
180224
Version
ORIGINAL
Reference
Sponsor
ALD. LEWIS, PEREZ
Title
An ordinance relating to spectators at illegal race contests or exhibitions of speed.
Sections
101-20.7 cr
Analysis
This ordinance prohibits the presence of any spectator at an unauthorized motor vehicle speed contest or exhibition of speed. No individual shall knowingly be present as a spectator at a racing event where preparations are being made for a racing event. Any person violating this prohibition shall be subject to a minimum penalty of $20 and a maximum penalty of $400.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1: Section 101-20.7 of the code is created to read:
101.20.7 Spectating at Illegal Race Contest or Exhibition of Speed.
1. INTENT. It is the intent of the common council in the interest of public safety
and welfare to prevent illegal street racing contests and spectating at those illegal events.
2. DEFINITIONS. In this section:
a. “Racing event” means any unauthorized motor vehicle speed contest or
exhibition of speed prohibited under s. 346.94 (2), Wis. Stats.
b. “Spectator” means any person who is present at a racing event for viewing,
observing, watching, or witnessing the event as it progresses. The term includes any person at the location of the event without regard to the means by which the person arrived.
c. “Preparations” means any of the following acts done for a racing event:
c-1. The arrival of a group of motor vehicles and persons at a predetermined location.
c-2. The presence of a group of individuals along one or both sides of a public highway.
c-3. The impeding of one or more person’s free use of a public highway by action, word, or physical barrier for conducting the racing event.
c-4. The presence of one or more motor vehicles with motors running for a racing event.
c-5. The revving-up of motor vehicle engines or spinning of motor vehicle tires by drivers on a public highway in preparation for a racing event.
c-6. The appearance of an individual stationed near one or more motor vehicles as a race starter.
3. SPECTATING PROHIBITED. No individual shall knowingly be present as a
spectator at a racing event or where preparations are being made for a racing event, with the intent to be present at the racing event. An individual shall be considered to be present if that individual is within 150 feet of the racing event or where preparations are being made for a racing event.
4. PENALTY. Any person who violates this section shall be subject to a penalty
of not less than $20 and no more than $400 together with the costs of prosecution, and, in default of payment thereof, shall be imprisoned as provided by law.
LRB
APPROVED AS TO FORM
____________________________
Legislative Reference Bureau
Date: ______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Drafter
Kari B. Gipson
LRB 170886-1
05/09/2018