City of Albuquerque - File #: O-09-80

• File #: O-09-80
• Type: Ordinance
• Status: Enacted and Published
• File created: 5/4/2009
• In control: City Council
• Final action: 8/3/2009
• Enactment date: 8/21/2009
• Enactment #: O-2009-021
• Title: Amending Section 7-10-3 ROA 1994, The Vehicle Nuisance Ordinance To Expand Violations To Include Revving of Engines To Magnify Engine Noise (Benton, by request)
• Sponsors: Isaac Benton (By Request)

Date	Action By	Action	Result
8/21/2009	City Clerk	Published
8/20/2009	Mayor	Signed by the Mayor
8/11/2009	City Council	Sent to Mayor for Signature
8/3/2009	City Council	Do Pass as Amended	Pass
8/3/2009	City Council	Amended	Pass
6/22/2009	Special City Council	Postpone	Pass
6/15/2009	City Council	Accepted with a Recommendation Do Pass (Immediate Action)
6/15/2009	City Council	Postpone
6/10/2009	Land Use, Planning, and Zoning Committee	Sent to Council for Immediate Action	Pass
6/10/2009	Land Use, Planning, and Zoning Committee	Sent to Council with a recommendation of Do Pass	Pass
5/4/2009	City Council	Introduced and Referred
5/4/2009	President	Referred

CITY of ALBUQUERQUE
EIGHTEENTH COUNCIL


COUNCIL BILL NO. O-09-80 ENACTMENT NO. _____________________

SPONSORED BY: Isaac Benton by request

ORDINANCE
t
Amending Section 7-10-3 ROA 1994, The Vehicle Nuisance Ordinance To Expand Violations To Include Revving of Engines To Magnify Engine Noise (Benton, by request)
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AMENDING SECTION 7-10-3 ROA 1994, THE VEHICLE NUISANCE ORDINANCE TO EXPAND VIOLATIONS TO INCLUDE REVVING OF ENGINES TO MAGNIFY ENGINE NOISE.
BE IT ORDAINED BY THE COUNCIL, THE GOVERNING BODY OF THE CITY OF ALBUQUERQUE:
Section 1. Section 7-10-3 ROA 1994, is amended to read:
§ 7-10-3 VEHICLE NUISANCE - SPECIFIC VIOLATIONS.
A vehicle is hereby declared a nuisance subject to the penalty provisions of this Article if it is operated by a person or persons engaged in any of the following enumerated acts:
(A) Drag Racing and Other Competitive Racing. It shall be unlawful for any person or persons to engage or participate in a drag race or race for speed within the city limits unless otherwise accepted herein. For purposes of this section, a drag race or competitive race for speed shall be and the terms shall mean any situation or circumstance where two or more persons operate vehicles in such a manner as to cause such vehicles to be side by side on the roadway, or one slightly ahead of the other, and either from a stopped position or while moving, to accelerate such vehicles rapidly with the intent to race or otherwise out gain the other. The provisions of this sections shall not apply to authorized or licensed race courses, or other areas which are specifically set aside and supervised by the police department for police training. In any prosecution for a violation of this section, intent may be shown from the surrounding circumstances, from admissions from the violators, from the observations of a law enforcement officer or in any other manner in which intent may be proven in any civil or c...