TO: Honorable City Council
FROM: Assistant City Manager
SUBJECT: Speed and Reckless Driving Exhibition Ordinance Review MEETING DATE: January 23, 2024
RECOMMENDATION
Speed & Reckless Driving Exhibition Ordinance Review and provide direction as may be deemed necessary.
BACKGROUND:
The City Council previously directed staff to review Chapter 9.80 and 9.81 of the Commerce Municipal Code and compare the ordinance with the cities of Paramount and Pico Rivera. This would include a comparison of the penalties, enforcement, and programs between the three cities.
ANALYSIS:
The City of Commerce has established enforcement penalties for speed and reckless driving exhibition in Chapter 9.80 of the Commerce Municipal Code. This includes arresting any person who is engaged in speed or reckless driving exhibition and impounding their vehicle pursuant to Section 23109.2 and Chapter 10 (commencing with Section 22650) of the California Vehicle Code. The vehicle may be impounded for not more than thirty days.
Chapter 9.81 of the Commerce Municipal Code establishes penalties for spectators of speed and reckless driving exhibitions. A violation of this Chapter constitutes a misdemeanor, and may be prosecuted criminally or administratively. If prosecuted criminally, the maximum penalty shall not exceed a fine of one thousand dollars, imprisonment not to exceed six months, or both. If prosecuted administratively, the penalties shall be as follows: first violation is a fine of one thousand dollars, second violation is a fine of two thousand dollars, and the third violation within a twelve-month period is subject to a fine of five thousand dollars.
Staff reviewed Chapter 10.84 of the Pico Rivera Municipal Code. The City of Pico Rivera also enforces California Vehicle Code Section 23109 and may impound vehicles involved in speed and reckless driving exhibition. Spectators are guilty of a misdemeanor. Law Enforcement has the authority to issue administrative citations with a fine of two thousand dollars. A Sheriff Sergent assigned to Pico Rivera informed staff that the City of Pico Rivera used the City of Paramount’s ordinance as a template.
The City of Paramount adopted Chapter 10.48 and 10.52 of the Paramount Municipal Code to address speed and reckless driving exhibition. Like the City of Commerce and the City of Pico Rivera, the City of Paramount enforces California Vehicle Code Section 23109 and may impound vehicles involved in speed and reckless driving exhibition. Spectators are guilty of a misdemeanor. Law Enforcement has the authority to issue administrative citations with a fine of two thousand dollars. The City of Paramount staff stated that the District Attorney is not filing misdemeanor violations. Therefore, they do not use a diversion program, which would be involved in the criminal case. Sheriff Deputies are enforcing violations through administrative citations.
CITY EXHIBITION VIOLATOR – SPECTATOR
Commerce Arrest + Vehicle Impound Misdemeanor or Admin Fine $1,000 / $2,000 / $5,000 Paramount Arrest + Vehicle Impound Misdemeanor or Admin Fine $2,000 Pico Rivera Arrest + Vehicle Impound Misdemeanor or Admin Fine $2,000 Norwalk Arrest + Vehicle Impound Misdemeanor
After reviewing the ordinances from the cities of Commerce, Pico Rivera, Norwalk, and Paramount; staff determined that the City of Commerce has the same penalties for exhibition violators as the other cities and the highest fine amount for spectators. While Pico Rivera stated they are not proactively enforcing this ordinance, the City of Paramount attributes their success to a coordinated proactive strategy with the Sheriff’s Department. The City of Commerce Public Safety Division will strategize different approaches with the Sheriff’s Department to focus on curbing speed and reckless driving exhibition. This will involve analyzing when and where the complaints are received to coordinate public safety resources.
Staff recommends receiving and filing this update on speed and reckless driving exhibition.
FISCAL IMPACT:
None at this time
RELATIONSHIP TO STRATEGIC GOALS:
The agenda item relates to the 2016 Strategic Plan
Community Quality of Life -- Guiding Principle #4
To support and evaluate community services, programs, and events that promotes health and quality lifestyles for our residents. Enhance public safety and social services through innovative programs that meet the needs of the residential and business communities.
Prepared & Recommended by: Justin Epson, Public Safety Manager Approved as to Form: Noel Tapia, City Attorney
Respectfully Submitted: Vilko Domic, Assistant City Manager
CITY OF COMMERCE
AGENDA REPORT
Item No.