Wichita tweaks new law to exempt some witnesses to street racing and vehicle stunts
A week after approving an ordinance to punish people who watch street racing, donuts, burnouts, wheelies and other vehicle stunts, the City Council rewrote part of it to try to prevent innocent bystanders from getting swept up in the ordinance’s mandatory fines.
In the week between first approval and the final passage that occurred on Tuesday, City Attorney Jennifer Magana recommended changing the ordinance’s definition of a “spectator” to exempt those who are “unintentional witnesses or passersby to events.”
While street racing and exhibitions of automotive speed and power were already illegal, the new ordinance makes it illegal for the first time to be part of a gathering to watch an unauthorized race or car/motorcycle stunt, or being present when preparations are being made for such events.
That’s an infraction and it triggers a mandatory fine of at least $250.
The new ordinance also substantially increases the penalties for drivers who race or burn rubber, with mandatory fines and monitored house arrests.
The change to exempt uninvolved passersby from the ban on watching car races and stunts was requested by council member Bryan Frye.
“I received several concerns from neighbors voicing concern about innocent parties being accused of spectating,” after the initial passage of the ordinance, Frye said.
Mayor Brandon Whipple seconded Frye’s motion to alter the ordinance.
He said the city has had three deaths related to street racing since August of 2019, plus additional deaths where racing was suspected but the city lacked witnesses to prove it.
He said it’s important that city policy distinguish “between what a witness is and what someone (is) who gathers for the intent to encourage illegal activity.”
“We want to encourage witnesses, if you are witnessing unlawful behavior, to be able to report on it and not be in fear that somehow you witnessing that make you liable for the incident itself,” he said.
The council agreed unanimously to alter the ordinance and to give it final approval.
It sets a minimum penalty for first offense of street racing or performing a “sideshow” exhibition of speed at a $250 fine and seven days of monitored house arrest.
Those penalties are mandatory and judges are prohibited from reducing them.
Judges can, however, increase the fine to $1,500 and/or order offenders to serve their time in the county jail or a work-release facility instead of at home with an ankle bracelet.
The mandatory penalty for the third or subsequent violation is 90 days of house arrest and a $1,500 fine.
The ordinance also calls for impounding of the vehicles if police have probable cause to believe that a car or motorcycle was used in racing or exhibitions of speed.
That impounding time ranges from three days for first offense to 20 days for second or subsequent offenses.
A judge can release the vehicle early if the owner can show impounding is causing a “substantial hardship.” However, the driver or owner would still be responsible for all towing and storage fees.
This story was originally published September 28, 2021 at 12:24 PM with the headline "Wichita tweaks new law to exempt some witnesses to street racing and vehicle stunts."
