City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00487 5/9/2023 Public Hearing Item 10.
Add Delta Shores to the List of Enumerated Facilities Governed by Sacramento City Code (SCC) Section 10.42.010 [Noticed 04/28/2023]
File ID: 2023-00487
Location: Delta Shores Shopping Center - parcel number 11901900150000, bounded to the north by Cosumnes River Blvd., to the west by California Interstate Highway 5, to the east by Delta Shores Cir. S., and to the south by Stone Lake National Wildlife Refuge Recommendation: Adopt a Resolution, as allowable by SCC section 10.42.010(B), to add Delta Shores to the list of enumerated facilities allowing for the enforcement of the California Vehicle Code section 21107.8.
Contact: Daniel Monk, Police Captain, Operations, (916) 808-6150, [email protected], Police Department
Presenter: Daniel Monk, Police Captain, Operations, (916) 808-6150, [email protected], Police Department
Attachments:
1-Description/Analysis
2-Resolution
3-Code References
Additional Description/Analysis
Issue Detail: The City of Sacramento has experienced significant sideshow and street racing activity in the South Sacramento area. Much of this activity has been localized in, or around the Delta Shores Shopping Center (Delta Shores). Delta Shores is surrounded by a private-parking-facility which is held out for use by the public, as defined in California Vehicle Code section 21107.8(a). The sideshow and street racing activity occurring at Delta Shores poses a substantial risk to the safety of the Sacramento community. Sideshow events in Sacramento have resulted in shootings, damage to public and private property, and vehicular collisions.
Sideshow and street racing events are known to begin in the large, off-street, private parking lots and private roads located within the Delta Shores property. Generally, these start as a large congregation
File ID: 2023-00487 5/9/2023 Public Hearing Item 10.
private roads located within the Delta Shores property. Generally, these start as a large congregation of individuals with modified vehicles. Vehicles then begin engaging in racing and exhibitions of speed.
Often, vehicles will do “donuts” and break traction to engage in “drifting.” This behavior results in collisions with other vehicles as well as with pedestrians. Further, this dangerous behavior is occurring in an area designed and used for public parking, retail, and pedestrian use.
From January 1st, 2021 until February 28th, 2023 SPD had 50 calls for service at Delta Shores related to sideshow activities. Many of these sideshows begin at Delta Shores, where participants gather and engage in reckless driving activities. These sideshows often become mobile and move into other locations throughout the city. Recently, there have been incidents of these sideshows becoming violent. On 02/11/2023 a sideshow formed at Delta Shores and required response by SPD officers.
The sideshow subsequently moved to various locations throughout the city, including the intersection of Amherst Street and Meadowview Road. While at this location, participants of the sideshow violently attacked a family who was uninvolved and traveling home in their vehicle.
In 2006, the Sacramento City Council enacted Ordinance 2006-046 which, pursuant to California Vehicle Code section 21107.8, allowed the enforcement of applicable California Vehicle Code provisions in designated, privately-owned parking locations which are held out for use by the general public. One of the central purposes behind the 2006 Ordinance was to allow the Sacramento Police Department to conduct enforcement actions at sideshows, prior to the events becoming dangerous or potentially violent. This resolution effectively adds a private parking facility which has been held out for public use, in this case the Delta Shores property, to a list of other like-facilities already listed in Sacramento City Code section 10.42.010. This section applies expressly mentioned provisions of the vehicle code to the enumerated parking facilities. Sacramento City Code section 10.42.010(B) allows for expansion of the list of enumerated facilities, by resolution, provided that the California Vehicle Code procedures detailed in section 21107.8 are satisfied. Accordingly, while the resolution expands the list of enumerated facilities to which the vehicle code applies, it does not change the meaning of the underlying ordinance, nor is it required to interpret the underlying meaning of Ordinance 2006-46.
Policy Considerations: The recommendations contained in this report conform with the procedures specified under California Vehicle Code section 21107.8 and Ordinance 2006-046. The Delta Shores property is controlled by Pine Tree Commercial Realty, RC Willey Sacramento, Spirit Realty, and Realty Income Properties 12, were notified, in writing, of this public hearing and the intent of the resolution to allow the application of certain provisions of the California Vehicle Code to Delta Shores on May 9
th, 2023, pursuant to California Vehicle Code section 21107.8(c). The owners and operators of the properties comprising Delta Shores, including Realty Income Properties 12, DS Shopping Center, Spirit Realty, Agreed Limited Partnership, and RC Willey Sacramento, were notified in writing on April 17 th, 2023, pursuant to California Vehicle Code section 21107.8(c). However, enforcement action cannot be taken following adoption of this resolution until appropriate signage is placed at the Delta Shores Property pursuant to California Vehicle Code section 21107.8(b)(1).
File ID: 2023-00487 5/9/2023 Public Hearing Item 10.
Policy Considerations: The recommendations contained in this report conform with the procedures specified under California Vehicle Code section 21107.8 and Ordinance 2006-046. The Delta Shores property is controlled by Pine Tree Commercial Realty, RC Willey Sacramento, Spirit Realty, and Realty Income Properties 12, were notified, in writing, of this public hearing and the intent of the resolution to allow the application of certain provisions of the California Vehicle Code to Delta Shores on May 9th, 2023, pursuant to California Vehicle Code section 21107.8(c). The owners and operators of the properties comprising Delta Shores, including Realty Income Properties 12, DS Shopping Center, Spirit Realty, Agreed Limited Partnership, and RC Willey Sacramento, were notified in writing on April 17th, 2023, pursuant to California Vehicle Code section 21107.8(c). However, enforcement action cannot be taken following adoption of this resolution until appropriate signage is placed at the Delta Shores Property pursuant to California Vehicle Code section 21107.8(b)(1).
Economic Impacts: None
Environmental Considerations: None
Sustainability: Not applicable
Commission/Committee Action: Not applicable
Rationale for Recommendation: The Sacramento Police Department is requesting the City Council adopt the attached Resolution, pursuant to California Vehicle Code section 21107.8 and Ordinance 2006-046. Sideshow activity continues to affect our community in and around Delta Shores. These events often start small, and then grow into large numbers, sometimes involving hundreds of vehicles. Once an event reaches large numbers, the Sacramento Police Department (SPD) must resort to using patrol officers to mitigate it. This results in other potential emergency calls pending, as patrol officers are focused on sideshow activity rather than calls for service. Further, it is difficult to determine when these events will occur, as promoters advertise them covertly.
If Delta Shores is added to Ordinance 2006-046, officers will be able to conduct enforcement action on certain vehicle codes, such as speeds unsafe for conditions (22350 CVC), making an unsafe turning movement (38314 CVC), and others. This will allow SPD to respond to sideshows as they are just beginning and conduct enforcement action to ensure the safety of all persons involved.
Accordingly, SPD will attempt to prevent sideshows from turning into larger, more dangerous events.
Financial Considerations: None
Resolution XXXXXXX
[DATE]
Adopted by the Sacramento City Council
PRIVATELY OWNED OFF-STREET PARKING FACILITIES – Adding Delta Shores Shopping Center to Chapter 10.42, section 10.42.010 of the Sacramento City Code
BACKGROUND
A. The area bounded to the north by Cosumnes River Blvd., to the west by California Interstate Highway 5, to the east by Delta Shores Cir. S., and to the south by Stone Lake National Wildlife Refuge - parcel number 11901900150000, also known as “Delta Shores Shopping Center” (Delta Shores), is a privately owned shopping center which contains parking facilities frequently used by the public for the purposes of vehicular parking.
B. The property known as Delta Shores has large, off-street, private parking lots which have become popular venues for vehicle "sideshow" events, during which drivers engage in "rodeo-like" maneuvers such as driving in high-speed circles or “donuts,” high-speed acceleration, and high-speed fishtailing where the rear of the vehicle is made to sway from side to side. Road racing is also a common activity at these events. All of these unsafe maneuvers are performed while a crowd of spectators encircles the participants.
C. Regionally, sideshow activity has directly resulted in property damage, the accidental dea th of spectators and participants, and criminal homicide. The sideshow activity in Sacramento, and specifically at Delta Shores, poses immediate safety risks to participants, spectators, and members of the public.
THEREFORE, BASED ON THE FACTS SET FORTH IN THE
BACKGROUND, THE CITY COUNCIL RESOLVES AS FOLLOWS:
Section 1. The area know n as Delta Shores , identified by parcel number 11901900150000, and bounded by Consumnes River Blvd., Interstate 5, Delta Shores Cir. S., and Stone Lake National Wildlife Refuge, is a privately owned and maintained off-street parking facility which is generally held open for use of the public for purposes of vehicular parking.
Section 2. Whereas the area known as Delta Shores is found to be a privately owned and maintained off-street parking facility generally held open for public use, the area shall be added to Chapter 10.42 , section 10.42.010 of the Sacramento City Code thereby enabling certain provisions of the California Vehicle Code to apply to the parking facilities therein, pursuant to section 21107.8 of the Vehicle Code.
Section 3. Whereas the area known as Delta Shores is added to Chapter 10.42 , section 10.42.010 of the Sacramento City Code, t he following provisions of the California Vehicle Code, sections 22350, 23103, 23109, and the provisions of Division
16.5 (commencing with Section 38000) shall apply to all motorists entering or using the parking facilities.
Section 4. Whereas sections 22350, 23103, 23109, and the provisions of Divis ion
16.5 (commencing with Section 38000) of the California Vehicle Code apply to the parking facilities located within the bounds of the area known as Delta Shores, the City Council shall ensure that information regarding dispute resolution and administrative hearings is publicly available to members of the public as described by Sacramento City Code Chapters 1.24 and 10.56, respectively.
Section 5. Whereas sections 22350, 23103, 23109, and the provisions of Division
16.5 (commencing with Section 38000) of the California Vehicle Code apply to the parking facilities located within the bounds of the area known as Delta Shores, the City Council shall ensure that signage is posted in a conspicuous place at each entrance of the parking facility. The signage shall not be less than 17 by 22 inches in size with lettering not less than one inch in height and shall indicate that the parking facility is subject to public traffic regulations and enforcement.
Section 6. Whereas sections 22350, 23103, 23109, and the provisions of Division
16.5 (commencing with Section 38000) of the California Vehicle Code apply to the parking facilities located within the bounds of the area known as Delta Shores, the City Council shall prohibit incentives based on the number of parking citations issued or the number or percentage of disputed citations adjudicated that uphold parking citation fees.
Section 7. Whereas sections 22350, 23103, 23109, and the provisions of Division
16.5 (commencing with Section 38000) of the California Vehi cle Code apply to the parking facilities located within the bounds of the area known as Delta Shores, the City Council shall ensure that no parking citation fees shall exceed, for each individual parking infraction, $50.00 USD.
Section 8. Whereas sections 22350, 23103, 23109, and the provisions of Division
16.5 (commencing with Section 38000) of the California Vehicle Code apply to the parking facilities located within the bounds of the area known as Delta Shores, the City Council shall ensure that the private owners or operators of the parking facility do not hold themselves out to be a governmental enforcement agency, nor representatives of the City of Sacramento, and that all parking citations issued by the owner or operator within the parking fa cilities contain the statement: “ This parking citation fee notice is not issued by the City of Sacramento.” Therefore, the City Council resolves that the area known as Delta Shores shall be added to chapter 10.42 , section 10.42.010 of the Sacramento City Code as a private off-street parking facility held out for public use , and accordingly, sections 22350, 23103, 23109, and the provisions of Division 16.5 (commencing with Section 38000) of the California Vehicle Code shall apply to the parking facilities therein. It is so resolved.
Code References Concerning the addition of Delta Shores Shopping Center to Chapter 10.42 of the Sacramento City Code
Sacramento City Code References
Chapter 10.42 – Privately Owned Off-Street Parking Facilities and Roads.
Section 10.42.010 – Private Off-Street Parking Facilities.
A. The city council, pursuant to the authority granted by Section 21107.8 of the California Vehicle Code and subject to the conditions and limitations specified in Section 10.42.020 finds and declares that the following privately owned and maintained off-street parking facilities are generally held open for public use. As provided in California Vehicle Code Section 21107.8, Sections 22350, 23103, 23109, and the provisions of Division 16.5 (commencing with Section 38000) of the Vehicle Code are hereby made applicable to such parking facilities:
1. All those parking facilities located within the Arden Fair commercial corridor, bounded on the east by Ethan Way, on the south by Alta Arden and Arden Way, on the west by Royale Road; and on the north by the fenced property lines.
2. All those parking facilities located within the south side of Arden Way, bounded on the east by Ethan Way, on the south by Exposition Boulevard, on the west by Challenge Way, and on the north by Arden Way.
3. All those parking facilities located within the south side of Arden Way, bounded on the east by Challenge Way, on the south by Response Road, on the west by Heritage Lane, and on the north by Arden Way.
4. All those parking facilities located within the south side of Arden Way, bounded on the east by Heritage Lane, on the south by Response Road, on the west by Point West Way, and on the north by Arden Way.
5. All those parking facilities located within the Arco Arena Sports Complex, bounded the east by Arco Arena Boulevard, on the south by Arena Boulevard, on the west by East Commerce Way, and on the north by unimproved land.
6. All those parking facilities located within the lot on the 4200 block of Norwood Avenue, bounded on the east by Norwood Avenue, on the south by Jessie Avenue, on the west by private residential property, and on the north by private residential property.
7. All those parking facilities located within the Promenade Shopping Center l on the 3500 and 3600 block of North Freeway Boulevard, bounded on the east by unimproved land, on the south by North Freeway Boulevard, on the west by Gateway Park Boulevard, and on the north by the East Drainage Canal.
8. All those parking facilities located within the lot on the 2300 block of Northgate Boulevard, bounded on the east by Northgate Boulevard, on the south by unimproved land and private property, on the west by unimproved land, and on the north by West El Camino Avenue.
9. All those parking facilities located within the lot on the 3300 block of Northgate Boulevard, bounded on the east by Northgate Boulevard, on the south by Rio Tierra Avenue, on the west by unimproved land and a church building, and on the north by San Juan Road.
10. All those parking facilities located within the lot on the 3600 block of Northgate Boulevard, bounded on the east by Northgate Boulevard, on the south by San Juan Road, on the west by residential private property, and on the north by unimproved land.
11. All those parking facilities located within the lot located at 4100 Northgate Boulevard, bounded on the east by East Levee Road, on the south by Interstate 80 Freeway, on the west by Northgate Boulevard, and on the north by commercial property.
12. All those parking facilities located within the Natomas Marketplace lot on the 3600 block of Truxel Road, bounded on the east by Truxel Road, on the south by Interstate 80 Freeway, on the west by unimproved land, and on the north by unimproved land.
13. All those parking facilities located within the lot on the 3800 block of Truxel Road, bounded on the southeast by North Freeway Boulevard, on the west by Truxel Road, and on the north by commercial property and unimproved land.
14. All those parking facilities located within the lot on the 2700 and 2800 blocks of Del Paso Road, bounded on the east by Town Center Drive, on the south by Del Paso Road, on the west by E Commerce Way, and on the north by New Market Drive.
15. All those parking facilities located within the lot on the 4600 and 4700 blocks of Natomas Boulevard, bounded on the east by The East Drainage Canal, on the south by Del Paso Road, on the west by Natomas Boulevard, and on the north by North Bend Drive.
16. All those parking facilities located within the lot on the 2500 block of Riverside Boulevard, bounded on the east by Riverside Boulevard, on the south by residential private property, on the west by residential private property, and on the north by Broadway.
17. All those parking facilities located within the lot on the south side of Florin Road on the 2300 block, bounded on the east by 24th Street, on the south by unimproved land, on the west by residential private property, and on the north by Florin Road.
18. All those parking facilities located within the lot on the north side of Florin Road on the 2200 and 2300 block, bounded on the east by 24th Street, on the south by Florin Road, on the west by Tamoshanter Way, and on the north by residential private property.
19. All those parking facilities located within the lot on the 5000 block of Franklin Road, bounded on the east by Franklin Boulevard, on the south by 26th Avenue, on the west by unimproved land, and on the north by commercial property building.
20. All those parking facilities located within the lot on the 5600 block of Stockton Boulevard, bounded on the east by residential private property, on the south by Jansen Drive, on the west by Stockton Boulevard, and on the north by Fruitridge Road.
21. All those parking facilities located within the lot on the 5500 block of Mack Road, bounded on the east by unimproved land, on the south by Mack Road, on the west by Center Parkway, and on the north by a creek and residential property.
22. All those parking facilities located within the lot on the 6300 block of Mack Road, bounded on the east by Valley Hi Drive, on the south by residential private property, on the west by residential private property, and on the north by Mack Road.
23. All those parking facilities located within the lot on the 6600 block of Valley Hi Drive, bounded on the east by Alto Valley Drive, on the south by Bruceville Road, on the west by Valley Hi Drive, and on the north by Mack Road.
24. All those parking facilities located within the lot on the 900 block of Florin Road, bounded on the east by an apartment complex, on the south by commercial property buildings, on the west by Greenhaven Drive, and on the north by Florin Road.
25. All those parking facilities located within the lot on Florin Road on the 1200 and 1300 block, bounded on the east by unimproved land, on the south by Florin Road, on the west by South Land Park Drive, and on the north by residential private property.
26. All those parking facilities located within the lot on the 1600 block of Alhambra Boulevard is a triangular shaped property, bounded on the northeast by Stockton Boulevard, on the south by light rail tracks, and on the west by Alhambra Boulevard.
27. All those parking facilities located within the lot on the 1000 block of Alhambra Boulevard, bounded on the east by commercial property buildings, on the south by Granada Way, on the west by Alhambra Boulevard, and on the north by J Street.
B. Pursuant to California Vehicle Code Section 21107.8, the list of privately owned and maintained parking facilities subject to this section may be expanded by resolution. (Ord. 2006-046 § 1)
California Vehicle Code References
California Vehicle Code (CVC) Division 11, Chapter 1, Article 3 – Local Regulation.
CVC section 21107.8 - (a) (1) A city, county, or city and county may, by ordinance or resolution, find and declare that there are privately owned and maintained offstreet parking facilities as described in the ordinance or resolution within the city, county, or city and county that are generally held open for use of the public for purposes of vehicular parking. Upon enactment by a city, county, or city and county of the ordinance or resolution, Sections 22350, 23103, and 23109 and the provisions of Division 16.5 (commencing with Section 38000) shall apply to privately owned and maintained offstreet parking facilities, except as provided in subdivision (b).
(2) (A) If a city, county, or city and county enacts an ordinance or resolution authorized by paragraph (1), the city, county , or city and county may include in that ordinance or resolution authorization for the operator of a privately owned and maintained offstreet parking facility to regulate unauthorized parking in that facility. (B) (i) If a city, county, or city and county has exercised its authority pursuant to subparagraph (A) and unauthorized parking is regulated in a privately owned and maintained offstreet parking facility, the owner or operator of that facility shall include in a parking fee invoice instructions that d escribe the manner in which to contest the parking fee invoice.
(ii) If a city, county, or city and county has exercised its authority pursuant to subparagraph (A) and unauthorized parking is regulated in a privately owned and maintained offstreet parking facility, the owner or operator of that facility shall not file with, or transmit to, the Department of Motor Vehicles a parking fee invoice for the purpose of having the Department of Motor Vehicles attempt to collect unpaid parking fees by refusing to renew the registration of a vehicle pursuant to Section 4760.
(b) (1) Notwithstanding subdivision (a), an ordinance or resolution enacted pursuant to that subdivision does not apply to an offstreet parking facility unless the owner or operator has caused to be posted in a conspicuous place at each entrance to that offstreet parking facility a notice not less than 17 by 22 inches in size with lettering not less than one inch in height, to the effect that the offstreet parking facility is subject to public movi ng vehicle laws and violators may be subject to a parking invoice fee.
(2) If applicable, a parking receipt distributed to drivers shall include language explicitly stating that violators may be subject to a parking invoice fee. (c) An ordinance or resolut ion shall not be enacted pursuant to subdivision (a) without a public hearing on the matter and 10 days prior written notice to the owner and operator of the privately owned and maintained offstreet parking facility involved. (d) Section 22507.8 may be enf orced without enactment of an ordinance or resolution as required pursuant to subdivision (a) or the posting of a notice at each entrance to the offstreet parking facility as required by paragraph (1) of subdivision (b). (e) The department shall not be required to provide patrol or to enforce any provision of this code in a privately owned and maintained offstreet parking facility subject to this section except those provisions applicable to private property actions not described in this section. (f) A city, county, or city and county that authorizes private parking regulation pursuant to this section shall, in its ordinance or resolution, include provisions that include all of the following:
(1) Procedures for dispute resolution in accordance with Section 4 0215, including all of the following:
(A) A written and publicly available dispute resolution policy that includes specified time periods for notifications, review, and appeal. (B) An administrative hearing process that includes all of the following:
(i) Options for a hearing in person or by mail.
(ii) Administrative review.
(iii) A hearing by a third -party examiner who has been adequately trained and who provides an independent, objective, fair, and impartial review.
(iv) Personal delivery or delivery by f irst-class mail of the examiner ’s decision.
(v) Authority for the examiner to allow payment of the parking invoice fee in installments for persons showing evidence of inability to pay the parking invoice fee in full.
(2) A prohibition against incentives ba sed on the number of invoices issued or the number or percentage of disputed invoices adjudicated that uphold parking invoice fees.
(3) A cap on a parking invoice fee that is commensurate with the most nearly equivalent municipal parking fine.
(4) Measures to prevent a private parking regulator from representing itself as a government enforcement agency, including a prohibition against the use of terminology in ordinances, resolutions, and parking fee invoices that is restricted to governmental law enforcem ent and a requirement that a conspicuous statement be included on parking fee invoices to the effect that “This parking invoice fee notice is not issued by the [local government].”
CVC section 22350 - No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.
CVC section 23103 - (a) A person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. (b) A person who drives a vehicle in an offstreet parking facility, as defined in subdivision (c) of Section 12500, in willful or wanton disregard for the safety of persons or property is guilty of reckless driving.
(c) Except as otherwise provided in Section 40008, persons convicted of the offense of reckless driving shall be punished by imprisonment in a county j ail for not less than five days nor more than 90 days or by a fine of not less than one hundred forty -five dollars ($145) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in Section 23104 or 23105.
CVC section 23109 - (a) A person shall not engage in a motor vehicle speed contest on a highway or in an offstreet parking facility. As used in this section, a motor vehicle speed contest includes a motor vehicle race against another vehicle, a clock, or other timing device.
For purposes of this section, an event in which the time to cover a prescribed route of more than 20 miles is measured, but in which the vehicle does not exceed the speed limits, is not a speed contest.
(b) A person shall not aid or abet in any motor vehicle speed contest on a highway or in an offstreet parking facility.
(c) A person shall not engage in a motor vehicle exhibition of speed on a highway or in an offstreet parking facility, and a person shall not aid or abet in a motor vehicle exhibition of speed on any highway or in an offstreet parking facility. (d) A person shall not, for the purpose of facilitating or aiding or as an incident to any motor vehicle speed contest or exhibition upon a highway or in an offstreet parking facility, in any manner obstruct or place a barricade or obstruction or assist or participate in placing a barricade or obstruction upon a highway or in an offstreet parking facility.
(e) (1) A person convicted of a violation of subdivision (a) shall be punished b y imprisonment in a county jail for not less than 24 hours nor more than 90 days or by a fine of not less than three hundred fifty -five dollars ($355) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment. That person shall also be required to perform 40 hours of community service. The court may order the privilege to operate a motor vehicle suspended for 90 days to six months, as provided in paragraph (8) of subdivision (a) of Section 13352. The person’s privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person ’s employment, restricted to driving in that person ’s scope of employment. This subdivision does not interfere with the court ’s power to grant probation in a suitable case.
(2) If a person is convicted of a violation of subdivision (a) and that violation proximately causes bodily injury to a person other th an the driver, the person convicted shall be punished by imprisonment in a county jail for not less than 30 days nor more than six months or by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000), or by both that fine and imprisonment.
(f) (1) If a person is convicted of a violation of subdivision (a) for an offense that occurred within five years of the date of a prior offense that resulted in a conviction of a violation of subdivision (a), that person shall be p unished by imprisonment in a county jail for not less than four days nor more than six months, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000). (2) If the perpetration of the most recent offense within the five -year period described in paragraph (1) proximately causes bodily injury to a person other than the driver, a person convicted of that second violation shall be imprisoned in a county jail for not less than 30 days nor more than six months and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(3) If the perpetration of the most recent offense within the five -year period described in paragraph (1) proximately causes serious bodily injury, as defined in paragraph (4) of subdivision (f) of Section 243 of the Penal Code, to a person other than the driver, a person convicted of that second violation shall be imprisoned in the state prison, or in a county jail for not less than 30 days nor more than one year, and by a fine of not less than five hundred dollars ($500) nor more than one thousand dollars ($1,000).
(4) The court shall order the privilege to operate a motor vehicle of a person convicted under paragraph (1), (2), or (3) suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352. In lieu of the suspension, the person’s privilege to operate a motor vehicle may be restricted for six months to necessary travel to and from that person ’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person ’s employment, restricted to driving in that person ’s scope of employment.
(5) This subdivision does not interfere with the court’s power to grant probation in a suitable case.
(g) If the court grants probation to a person subject to punishment under subdivision (f), in addition to subdivision (f) and any other terms and conditions imposed by the court, which may include a fine, the court shall impose as a condition of probation that the person be confined in a county jail for not less than 48 hours nor more than six months. The court shall order the person ’s privilege to operate a motor vehicle to be suspended for a period of six months, as provided in paragraph (9) of subdivision (a) of Section 13352 or restricted pursuant to subdivision (f). (h) If a person is convicted of a violation of subdivision (a) and the vehicle used in the violation is registered to that person, the vehicle may be impounded at the registered owner’s expense for not less than one day nor more than 30 days. (i) (1) A person who violates subdivision (b), (c), or (d) shall upon conviction of that violation be punished by imprisonment in a county jail for not more than 90 days, by a fine of not more than five h undred dollars ($500), or by both that fine and imprisonment.
(2) (A) Commencing July 1, 2025, the court may order the privilege to operate a motor vehicle suspended for 90 days to six months for a person who violates subdivision (c), as provided in subparagraph (B) of paragraph (8) of subdivision (a) of Section 13352, only if the violation occurred as part of a sideshow. For purposes of this section, “sideshow” is defined as an event in which two or more persons block or impede traffic on a highway or in a n offstreet parking facility, for the purpose of performing motor vehicle stunts, motor vehicle speed contests, motor vehicle exhibitions of speed, or reckless driving, for spectators. (B) The person’s privilege to operate a motor vehicle may be restricted for 90 days to six months to necessary travel to and from that person ’s place of employment and, if driving a motor vehicle is necessary to perform the duties of the person ’s employment, restricted to driving in that person’s scope of employment.
(C) If the court is considering suspending or restricting the privilege to operate a motor vehicle pursuant to this paragraph, the court shall also consider whether a medical, personal, or family hardship exists that requires a person to have a driver ’s license for such limited purpose as the court deems necessary to address the hardship. This subdivision does not interfere with the court’s power to grant probation in a suitable case.
(j) If a person’s privilege to operate a motor vehicle is restricted by a court pursuant to this section, the court shall clearly mark the restriction and the dates of the restriction on that person ’s driver ’s license and promptly notify the Department of Motor Vehicles of the terms of the restriction in a manner prescribed by the department. The Department of Motor Vehicles shall place that restriction in the person’s records in the Department of Motor Vehicles and enter the restriction on a license subsequently issued by the Department of Motor Vehicles to that person during the perio d of the restriction.
(k) The court may order that a person convicted under this section, who is to be punished by imprisonment in a county jail, be imprisoned on days other than days of regular employment of the person, as determined by the court. (l) For purposes of this section, “offstreet parking facility” has the same meaning as in subdivision (c) of Section 12500.
(m) This section shall be known and may be cited as the Louis Friend Memorial Act.
CVC section 12500(c) - A person may not drive a motor vehicle in or upon any offstreet parking facility, unless the person then holds a valid driver ’s license of the appropriate class or certification to operate the vehicle. As used in this subdivision, “offstreet parking facility” means any offstreet facility held open for use by the public for parking vehicles and includes any publicly owned facilities for offstreet parking, and privately owned facilities for offstreet parking where no fee is charged for the privilege to park a nd which are held open for the common public use of retail customers.
CVC Division 16.5 – Off-highway Vehicles.
CVC section 38001 - (a) Except as otherwise provided, this division applies to off -highway motor vehicles, as defined in Section 38006, on land s, other than a highway, that are open and accessible to the public, including any land acquired, developed, operated, or maintained, in whole or in part, with money from the Off -Highway Vehicle Trust Fund, except private lands under the immediate control of the owner or his or her agent where permission is required and has been granted to operate a motor vehicle. For purposes of this division, the term “highway” does not include fire trails, logging roads, service roads regardless of surface composition, or other roughly graded trails and roads upon which vehicular travel by the public is permitted.
(b) Privately owned and maintained parking facilities that are generally open to the public are exempt from this division, unless the facilities are specificall y declared subject to this division by the procedure specified in Section 21107.8.