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ORDINANCE NO. XX-2022
AN ORDINANCE OF THE CITY OF FREMONT AMENDING
FREMONT MUNICIPAL CO DE TITLE 9 PUBLIC PE ACE, MORALS
AND WELFARE, CHAPTER 9.35 STREET RACING AND SIDESHOWS,
SECTIONS 9.35.010 AN D 9.35.030, AND ADDI NG SECTIONS 9.35.090,
9.35.100, AND 9.35.110
THE CITY COUNCIL OF THE CITY OF FREMONT DOES ORDAIN AS FOLLOWS:
SECTION 1. FMC § 9.35.010 AMENDED
Fremont Municipal Code Title 9, Chapter 9.35, Section 9.35.010 is amended to read as follows:
Sec. 9.35.010 Title.
This chapter shall be known as “the street racing and sideshows ordinance.”
SECTION 2. FMC § 9.35.030 AMENDED
Fremont Municipal Code Title 9, Chapter 9.35, Section 9.35.030 is amended to read as follows:
Sec. 9.35.030 Definitions.
For purposes of this chapter, the following definitions shall apply:
(a) “Designated streets” means the following sections of streets within the city limits of the city of Fremont:
(1) Fremont Boulevard between Gateway Boulevard and the southern dead end of Fremont Boulevard.
(2) Bayside Parkway between Gateway Boulevard and Bayview Drive. (3) Lakeview Boulevard between Gateway Boulevard and Fremont Boulevard. (4) Milmont Drive between Paige Avenue and Kato Road.
(5) Stewart Avenue between Christi Road and Boyce Road. (6) Boscell Road between Stewart Avenue and Auto Mall Parkway. (7) Boyce Road between Stevenson Boulevard and Auto Mall Parkway. (8) Dumbarton Circle between Kaiser Drive and Paseo Padre Parkway. (9) Kaiser Drive between Ardenwood Boulevard and Paseo Padre Parkway. (10) Campus Drive between Kaiser Drive and Dumbarton Circle. (11) Nobel Drive from Auto Mall Parkway to the end of the street.
Streets in addition to those listed above may be included in the list of designated streets if the city council determines by resolution, pursuant to Section 9.35.040, that any such street meets the criteria identified in California Vehicle Code § 21101.4. (b) “Sideshows” means any unlawful reckless driving or exhibition of speed as defined by
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California Vehicle Code §§ 23103 and 23109, including, but not limited to, deliberately driving in circles at high rates of speed until vehicle wheels break or lose traction with the roadway. (c) “Street race” means any unlawful speed contest, as defined by California Vehicle Code § 23109, whether or not the race is attended by persons other than the drivers racing vehicles on city streets.
(d) “Temporary street closure” means closure for not more than 18 months, pursuant to California Vehicle Code § 21101.4(b) (subject to extension) of the above-mentioned streets from the hours of 11:00 p.m. to 6:00 a.m.
(e) "Reckless Driving Exhibition" shall mean any exhibition of reckless driving referred to in California Vehicle Code Section 23103, as may be amended, including but not limited to Sideshows.
(f) "Offstreet Parking Facility" is defined in subdivision (c) of California Vehicle Code Section 12500, as may be amended.
(g) "Spectator" shall mean any person who is present at a Street Race or Reckless Driving Exhibition, or the site of the Preparations for either of these activities, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. A "Spectator" includes any person at the location of the event without regard to the means by which the person arrived. (h) A person is "present" at the Street Race or Reckless Driving Exhibition if that person is within two hundred (200) feet of the location of the Street Race or Reckless Driving Exhibition, or within two hundred (200) feet of the site of the Preparations for either of these activities. (i) "Preparations" for any Street Race or Reckless Driving Exhibition include, but are not limited to, any of the following acts done for the purpose of a Street Race or Reckless Driving Exhibition:
(1) One or more motor vehicles and persons have arrived at a predetermined location on a public street or highway or in an Offstreet Parking Facility; (2) One or more persons have gathered on, or adjacent to, a public street or highway; (3) One or more persons have gathered in an Offstreet Parking Facility; (4) One or more persons have impeded the free public use of a public street, highway, or Offstreet Parking Facility by acts, words or physical barriers; (5) One or more motor vehicles have lined up on a public street, highway, or Offstreet Parking Facility with motors running;
(6) One or more drivers is revving a motor vehicle's engine or causing the motor vehicle's tires to spin; or
(7) A person is standing or sitting in a location to act as a race starter. (j) "Scene" shall mean the location of the Street Race or Reckless Driving Exhibition or the location of the Preparations for the Street Race or Reckless Driving Exhibition.
SECTION 3. FMC §9.35.090 ADDED
Fremont Municipal Code Title 9, Chapter 9.35, Section 9.35.090 is added to read as follows:
Sec. 9.35.090 Spectators Prohibited at Street Races and Reckless Driving Exhibition.
(a) It shall be unlawful for any person to:
(1) Be knowingly present as a Spectator at a Street Race conducted on a public street or
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highway; or
(2) Be knowingly present as a Spectator at a Reckless Driving Exhibition conducted on a public street or high an Offstreet Parking Facility.
(3) Be knowingly present as a Spectator where Preparations are being made for a Street Race conducted on a public street or highway; or
(4) Be knowingly present as a Spectator where Preparations are being made for a Reckless Driving Exhibition conducted on a public street or highway or in an Offstreet Parking Facility.
(b) Nothing in this Section prohibits peace officers or their agents who are acting in the course of their official duties from being Spectators at a Street Race or Reckless Driving Exhibition or Spectators at the location of Preparations for either of these activities.
SECTION 4. FMC § 9.35.100 ADDED
Fremont Municipal Code Title 9, Chapter 9.35, Section 9.35.100 is added to read as follows:
Sec. 9.35.100 Encouraging Spectators to Gather at Street Races and Reckless Driving Exhibitions Prohibited.
(a) It shall be unlawful for any person to knowingly encourage, promote, instigate, assist, facilitate, aid, or abet:
(1) The gathering of persons as Spectators at a Street Race conducted on a public street or highway; or
(2) The gathering of persons as Spectators at a Reckless Driving Exhibition conducted on a public street or highway or in an Offstreet Parking Facility.
(b) It shall be unlawful for any person to knowingly encourage, promote, instigate, assist, facilitate, aid, or abet:
(1) The gathering of persons as Spectators where Preparations are being made for a Street Race conducted on a public street or highway; or;
(2) The gathering of persons as Spectators where Preparations are being made for a Reckless Driving Exhibition conducted on a public street or highway or in an Offstreet Parking Facility.
SECTION 5. FMC § 9.35.110 ADDED
Fremont Municipal Code Title 9, Chapter 9.35, Section 9.35.110 is added to read as follows:
Sec. 9.35.110 Relevant Circumstances to Prove a Violation.
(a) Notwithstanding any other provision of law, to prove a violation of this Chapter, admissible evidence may include, but is not limited to, any of the following:
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(1) That the person charged has previously participated in or been a Spectator at a Street Race or Reckless Driving Exhibition;
(2) That the person charged has previously aided and abetted Street Racing; (3) That the person charged has previously attended a Street Race or Reckless Driving Exhibition; or
(4) That the person charged was previously present at a location where Preparations were being made for a Street Race or Reckless Driving Exhibition, or where a Street Race or Reckless Driving Exhibition was in progress.
(5) Evidence of these prior acts may be admissible, to the fullest extent permissible by law, to show the opportunity, intent, plan, knowledge, identity, or the absence of a mistake or accident, or propensity of the defendant to be present at or attend a Street Race or a Reckless Driving Exhibition if the prior act or acts occurred within three (3) years of the presently charged offense. These prior acts may be admissible to show knowledge on the part of the defendant that a Street Race or a Reckless Driving Exhibition was taking place.
(b) In addition to the circumstances set out in subsection (a) above, and notwithstanding any other provision of law, to prove a violation of this Chapter, admissible evidence may also include, but is not limited to, any of the following:
(1) The time of day;
(2) The nature and description of the Scene, including the number and configuration of traffic lanes;
(3) The number of people at the Scene;
(4) The location of the person charged in relation to any person or group of persons present at the Scene;
(5) The number and descriptions of motor vehicles at the Scene; (6) That the motor vehicles at the Scene have been modified or altered to increase power, handling, or visual appeal;
(7) That the person charged drove or was transported to the Scene.
SECTION 6. CEQA
The City Council determines that 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.
SECTION 7. SEVERABILITY
If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held by a court of competent jurisdiction to be invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Fremont hereby declares that it would have passed this Ordinance and each section or subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
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SECTION 8. EFFECTIVE DATE
This Ordinance shall take effect and will be enforced thirty (30) days after its adoption.
SECTION 9. PUBLICATION AND POSTING
The City Clerk has prepared and published at least five days before the date of adoption, this ordinance once in a newspaper of general circulation printed and published in Alameda County and circulated in the City of Fremont. A certified copy of the full text of the ordinance was posted in the office of the City Clerk since at least five days before this date of adoption. Within fifteen (15) days after adoption of this ordinance, the City Clerk shall cause the ordinance to be published again with the names of those City Council members voting for and against the ordinance; and the City Clerk shall post in the office of the City Clerk a certified copy of the full text of this adopted ordinance with the names of those City Council members voting for and against the ordinance.
The foregoing ordinance was introduced before the City Council of the City of Fremont at the regular meeting of the City Council, held on the ___ day of __________, 2022, and finally adopted at a regular meeting of the city council held on the ___ day of__________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Mayor
ATTEST:
__________________________________
City Clerk
APPROVED AS TO FORM:
_________________________________
City Attorney