Fremont City Council Meeting: 09/06/22 07:00 PM
3300 Capitol Avenue Div/Dept: Police Department
Fremont, CA 94538 Category: Code Adoptions & Amendments
SCHEDULED
Sponsors:
STAFF REPORT (ID # 4686) DOC ID: 4686
Updated: 9/1/2022 1:06 PM by Alberto Quintanilla Page 1 STREET RACING AND SIDESHOW ORDINANCE. Introduce Ordinance Amending the Street Racing and Sideshow Ordinance to Prohibit Promotion of and Attendance at Such Events
Contact Persons:
Name: John Harnett
Title: Lieutenant
Div/Dept: Police Department
Phone: 510- 790-6705
E-Mail: [email protected]
Executive Summary: Illegal speed contests, exhibitions of speed, and sideshows pose a clear danger to the residents of the City of Fremont (“City”) and the motoring public traveling on the roadways within the City. These activities are a public nuisance and have caused fatal collisions, property damage, and traffic congestion. Current state law does not impose criminal liability for attendees or promotors of such events. The purpose of the proposed ordinance is to prohibit promotion of and attendance at these illegal racing events with the aim of significantly curbing this criminal activity.
BACKGROUND: Sideshows and street racing events have become a consistent and serious issue for law enforcement, as well as a significant concern for the community. Larger cities in the Bay Area have seen an increase in the frequency of these illegal street racing activities. Street racing threatens the health and safety of the public, interferes with pedestrian and vehicular traffic, and creates a public nuisance. In addition, there have been multiple examples of these events being accompanied by gunfire, which often result in death and serious injuries.
At speed contests and exhibitions of speed, street racers accelerate to high speeds without regard to oncoming traffic, pedestrians, or vehicles parked or moving nearby. In most situations, sideshows attract hundreds of spectators to gather on the streets late at night and in the early morning hours, blocking the streets and sidewalks to traffic, to form a racetrack area or an area for stunts or reckless driving. The spectators provide protection to those drivers by blocking roadways, which prevents law enforcement from approaching or contacting the reckless drivers. The spectators provide significant motivation for the sideshows, as the crowd size and participation encourage the actual drivers to engage in the activity.
DISCUSSION/ANALYSIS: Currently, the Fremont Municipal Code and state law do not prohibit spectators participating during illegal street racing or sideshow events. California Vehicle Code sections 23103 through 23109 provide that motor vehicle speed contests and exhibitions of speed conducted on public streets and highways are illegal. The proposed ordinance amends Chapter 9.35 (Street Racing and Sideshows) to add provisions to prohibit promotors from encouraging gathering at and spectators from attending illegal street racing and sideshow events.
Staff Report (ID # 4686) Meeting of September 6, 2022
Updated: 9/1/2022 1:06 PM by Alberto Quintanilla Page 2 In response to illegal street racing and sideshow activities, several cities have adopted similar ordinances banning promotion of such events and spectators being present at street racing events. These cities have reported that the ordinances have been an effective tool to combat dangerous activities and to limit spectator involvement at street racing, exhibitions of speed, and sideshows. Specifically, the San Jose Police Department has enforced a similar ordinance and responded to various sideshow incidents throughout San Jose. At one location, eight arrests were made, two for firearms violations. Three vehicles were impounded for 30 days and 40 citations were issued for spectator and mechanical violations.
In another sideshow enforcement where over 200 vehicles were participating, San Jose Police deployed numerous resources and were able to contain and issue citations to the participants. Over 500 citations were issued for a variety of violations, including spectating. In addition, two guns were seized, and five cars were towed.
Based on the success of enforcing similar ordinances in other Bay Area cities,, Police staff believes enacting the proposed ordinance will serve to discourage promotion and participation in sideshows and street races.
FISCAL IMPACT: None.
ENVIRONMENTAL REVIEW: The adoption of this ordinance is exempt from and not subject to review under the California Environmental Quality Act (CEQA) because, without limitation, it is not a “project” as defined in CEQA Guidelines Section 15378(b)(2) and/or 15378(b)(5) as it can be seen with certainty that there is no possibility that the activity may have a significant effect on the environment per CEQA Guidelines Section 15601(b)(3), each as a separate and independent basis for CEQA compliance.
ATTACHMENTS: None.
ATTACHMENTS:
• Draft Ord. Street Racing Sideshow Ch 9.35
RECOMMENDATION: Waive the first reading and introduce the enclosed ordinance amending Fremont Municipal Code Title 9 (Public Peace, Morals and Welfare), Chapter 9.35 (Street Racing and Sideshows), sections 9.35.010 and 9.35.030, and adding sections
9.35.090, 9.35.100, and 9.35.110.