City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2024-01970 11/19/2024 Discussion Item 21.
Ordinance Amending Chapter 10.34 of Title 10 of the Sacramento City Code, Relating to Spectators at Sideshows, Motor Vehicle Exhibitions of Speed, Motor Vehicle Speed Contests, and Reckless Driving Exhibitions [In Lieu of Pass for Publication Ordinance to be Published in its Entirety]
File ID: 2024-01970
Location: Citywide
Recommendation: Adopt an Ordinance amending Chapter 10.34 of Title 10 of the Sacramento City Code, relating to spectators at sideshows, motor vehicle exhibitions of speed, motor vehicle speed contests, and reckless driving exhibitions.
Contact: Misty Alafranji, Chief of Staff, Councilmember Lisa Kaplan, 916-808-7167, [email protected]
Presenter: Lisa Kaplan, Councilmember, District 1, (916) 808-7001, [email protected] Attachments:
1-Description/Analysis
2-Ordinance - Clean
3-Ordinance - Redline
Description/Analysis
Issue Detail: Over the past several years, streets within the City of Sacramento have been the site of continuing and escalating motor vehicle exhibitions of speed, motor vehicle speed contests, and reckless driving exhibitions, commonly known as “sideshows” or “street takeovers.” These sideshows are illegal activities that threaten the health and safety of the public, interfere with pedestrian and vehicular traffic, and interfere with the right of private business owners to enjoy the use of their property, thereby creating a significant public nuisance. Sideshows occur on a regular basis throughout the City, mostly late at night or in the early morning hours, with racers and spectators blocking the streets and sidewalks to traffic, forming a racetrack area, placing bets, and otherwise encouraging, aiding, and abetting the racing process.
Illegal street racers accelerate to high speeds without regard to oncoming traffic, pedestrians, or vehicles parked or moving nearby. The racers drive quickly from street to street, racing for several
File ID: 2024-01970 11/19/2024 Discussion Item 21.
hours, and move to other locations upon the arrival of police. Those who participate in these illegal activities are very sophisticated, using social media, police scanners, and other electronic devices to communicate with each other to organize locations and times of the sideshows and street takeovers and to give advice on how to avoid detection, arrest, and prosecution.
Traffic accidents, property crimes, and calls for police service involving sideshows have increased dramatically. In most cases, sideshows attract hundreds of spectators, and it is the presence of these spectators that fuels them and creates an environment in which these illegal activities can flourish.
Sideshows also have a significant detrimental effect on the City’s infrastructure. For example, City staff estimates that the post-sideshow cleanup costs for the City can be up to $100,000 per sideshow, depending on the nature and size of the illegal event. During a recent sideshow incident at the intersection of Kelton Way and Main Avenue, city costs for slurry, traffic control, restriping all markings affected, and associated administrative costs were approximately $40,000.
Amending Chapter 10.34 relating to spectators will accomplish the following:
• increase the penalties for any spectator at a sideshow, or at the location of the preparations for sideshows;
• increase penalties for aiding and abetting spectating of sideshows; • increase penalties for promoting the spectating of sideshows; • declare city code violations related to sideshows to be a public nuisance; • make violations related to sideshows subject to civil actions and administrative penalties; • protect the City’s infrastructure; and
• provide that law enforcement may use all available technologies including video or audio from technology such as drone or security cameras and any data from technology such as automatic license plate readers or speed detecting radar technology, for the purpose of enforcing this code for illegal activity related to sideshows.
Policy Considerations: The recommendation in this report furthers public health and safety and discourages participation in illegal activity throughout the city. In lieu of pass for publication, the ordinance will be published in its entirety within ten days of adoption by Council as allowed for by City Charter section 32(d).
Economic Impacts: Efforts to reduce and minimize the occurrence of sideshows in our community improves the economic outlook of all community members, supports the local economy, and promotes better access to local businesses.
Environmental Considerations: This activity does not constitute a “project” and is therefore exempt from the California Environmental Quality Act (CEQA), CEQA Guidelines Sections 15061(b) and
File ID: 2024-01970 11/19/2024 Discussion Item 21.
15378(b)(3).
Sustainability: Not applicable.
Commission/Committee Action: Not applicable.
Rationale for Recommendation: The action in this report is consistent with the City’s desire to promote the public health and safety of all residents, safeguard the City’s infrastructure, and discourage illegal activities.
Financial Considerations: The full financial impacts for the Sacramento Police Department are unknown at this time. It is anticipated that there will be potential increased costs for the City Attorney’s Office due to increase in prosecutions, and potential City costs savings for both current administrative and cleanup costs for the City’s Public Works Department.
Local Business Enterprise (LBE): Not applicable.
Ordinance No. 2024 Adopted on 1
1458645
ORDINANCE NO.
Adopted by the Sacramento City Council
Date Adopted
ORDINANCE AMENDING CHAPTER 10.34 OF THE SACRAMENTO
CITY CODE, RELATING TO SPECTATORS AT SIDESHOWS, MOTOR
VEHICLE EXHIBITIONS OF SPEED, MOTOR VEHICLE SPEED
CONTESTS, AND RECKLESS DRIVING EXHIBITIONS
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
Findings and purpose.
1. Over the past several years, the city has been the site of continuing and escalating motor vehicle exhibitions of speed, motor vehicle speed contests, and reckless driving exhibitions, all commonly known as “sideshows” or “street takeovers,” when they are performed for spectators. Despite concerted efforts of local law enforcement agencies to prevent and abate this illegal activity through the enforcement of existing traffic laws, persons continue to perform and spectate at sideshows.
2. S
ideshows cause significant damage to city infrastructure, including road surfaces, traffic signs, signals, bollards, curbs, medians, and disability access ramps. These events also leave debris, tire marks, and graffiti, requiring significant cleanup effor ts that divert resources from other critical safety improvements.
3. C
ity staff estimates that the post- sideshow cleanup costs for the City can be up to $100,000 per sideshow, depending on the nature and size of the illegal event. During a recent illegal sideshow incident at the intersection of Kelton Way and Main Avenue, c ity costs for slurry, traffic control, restriping all markings affected, and associated administrative costs were approximately $40,000.
4. S
ideshows often occur during times when the police department is already addressing a high volume of emergency calls. Sideshows require a law enforcement response, thereby diverting police department personnel from responding to other emergencies.
5. S
ideshows create an unsafe environment for the communities in which they occur because participants drive recklessly, often in the presence of numerous spectators.
6. S
ideshows drastically impact the quality of life in the communities where they occur by causing damage to vehicles and private and public property; reducing air quality due to the smoke released by burning rubber tires; causing noise pollution; and creatin g unmanageable crowds that leave behind garbage.
Ordinance No. 2024 Adopted on 2
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7. Promoters of sideshows are motivated by the presence of spectators and create an environment in which these, as well as other, illegal activities can flourish. These illegal events also attract hundreds of people from outside the city who have no stake in the health and safety of the neighborhoods in which they take place.
8. St
ate law makes it illegal to engage in sideshows on public roads, streets, and highways.
These offenses are punished under California Vehicle Code sections 23103 (reckless driving) and 23109 (motor vehicle speed contests and motor vehicle exhibitions of speed).
A criminal conviction is generally a misdemeanor that may result in jail time, probation, or fines.
9. T
he purpose of this ordinance is to complement state law by further clarifying the existing prohibition of spectating, prohibiting the promotion of spectating, and increasing the penalties for violations.
SECTION 2.
Chapter 10.34 of the Sacramento City Code is hereby amended to read as follows:
CHAPTER 10.34 SPECTATORS AT SIDESHOWS, MOTOR VEHICLE EXHIBITIONS OF
SPEED, MOTOR VEHICLE SPEED CONTESTS, AND RECKLESS
DRIVING EXHIBITIONS
10.3 4.010 Definitions.
F
or purposes of this chapter, the following definitions apply:
“
Motor vehicle exhibition of speed” has the same meaning as in subdivision (c) of California Vehicle Code section 23109.
“
Motor vehicle speed contest” has the same meaning as in subdivision (a) of California Vehicle Code section 23109.
“
Off-street parking facility” has the same meaning as in subdivision (c) of California Vehicle Code section 12500, and includes those facilities described in section
10.42.010.B.
“
Preparations” for any sideshow, motor vehicle exhibition of speed, motor vehicle speed contest, or reckless driving exhibition, including any of the following acts done for the purpose of facilitating spectating of these acts:
1. O
ne or more motor vehicles or persons have arrived at a predetermined location;
2. O
ne or more persons have gathered on, or adjacent to, a public street or highway; Ordinance No. 2024 Adopted on 3
1458645
3. One or more persons have gathered in an off-street parking facility;
4. One or more persons have impeded the free public use of a public street or highway or off-street parking facility by acts, words, or physical barriers;
5. One or more vehicles have lined up with engines running;
6. One or more drivers are revving their vehicle’s engine or spinning its tires; or
7. A person is acting as a race starter.
“Present” means being within 200 feet of the prohibited activity.
“Promote” means to aid, abet, organize, advertise, publish notice, or otherwise encourage.
“Reckless driving” has the same meaning as in California Vehicle Code section 23103.
“Scene” means the location of the sideshow, motor vehicle exhibition of speed, motor vehicle speed contest, or reckless driving exhibition, or the location of the preparations for any of these activities.
“Sideshow” has the same meaning as in subdivision (i) of California Vehicle Code section 23109.
“Spectator” means a person who is present at a prohibited event or activity, for the purpose of viewing, observing, watching, or witnessing the event or activity without regard to the means by which the person arrived.
10.34.020 Violation.
A. No person shall be a spectator at a sideshow, motor vehicle exhibition of speed, motor vehicle speed contest, or reckless driving exhibition conducted on a public street or highway or off-street parking facility.
B. No person shall be a spectator of preparations for a sideshow, motor vehicle exhibition of speed, motor vehicle speed contest, or reckless driving exhibition conducted on a public street or highway or off-street parking facility.
C. No person shall promote conduct that violates subsections A or B above.
D. This section does not apply to law enforcement officers or their agents who are acting in the course of their official duties.
Ordinance No. 2024 Adopted on 4
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10.34.030 Relevant circumstances to prove violation.
To prove a violation of this chapter, admissible evidence may include, but is not limited to, any of the following:
A. The time of day;
B. The nature and description of the scene;
C. The number of people at the scene;
D. The location of the person charged in relation to any person or group present at the scene;
E. The number and descriptions of motor vehicles at the scene; F. That the motor vehicles at the scene have been modified; G. That the person charged drove or was transported to the scene; H. That the person charged has previously participated in or was present at a sideshow, motor vehicle exhibition of speed, motor vehicle speed contest, or reckless driving exhibition;
I. That the person charged has previously aided and abetted a sideshow, motor vehicle exhibition of speed, motor vehicle speed contest, or reckless driving exhibition; J. That the person charged has previously promoted spectating at a sideshow, motor vehicle exhibition of speed, motor vehicle speed contest, or reckless driving exhibition; K. That the person charged previously was present at a location where preparations were being made for a sideshow, motor vehicle exhibition of speed, motor vehicle speed contest, or reckless driving exhibition;
L. That the person charged previously violated this chapter; M. Any video or audio from technology such as drone or security cameras; and N. Any data from technology such as automatic license plate readers or speed detecting radar technology.
10.34.040 Penalty for violation.
A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to chapter 1.28.
Ordinance No. 2024 Adopted on 5
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B. Violations of this chapter are hereby declared to be a public nuisance.
C. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.
D. Any person who violates a provision of this chapter is guilty of a misdemeanor, punishable by a fine of $1,000 or imprisonment not to exceed six months, or both.
E. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.
Adopted by the City of Sacramento City Council on by the following vote:
Ayes:
Noes:
Abstain:
Absent:
MAYOR
Attest:
City Clerk
Passed for Publication:
Published:
Effective:
Ordinance No
. 2024 Adopted on 1
ORDINANCE NO.
Adopted by the Sacramento City Council
[Date Adopted]
AN ORDINANCE AMENDING CHAPTER 10.34 OF THE
SACRAMENTO CITY CODE, RELATING TO SPECTATORS AT
SIDESHOWS, STREET RACES MOTOR VEHICLE EXHIBITIONS OF SPEED, MOTOR VEHICLE SPEED CONTESTS, AND RECKLESS DRIVING EXHIBITIONS
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1. Findings and purpose.
1. Over the past several years, the city has been the site of continuing and escalating motor vehicle exhibitions of speed, motor vehicle speed contests, and reckl
ess driving exhibitions, all commonly known as “sideshows” or “street takeovers,” when they are performed for spectators. Despite concerted efforts of local law enforcement agencies to prevent and abate this illegal activity through the enfor cement of existing traffic laws, persons continue to perform and spectate at sideshows.
2. Sideshows cause significant damage to city infrastructure, including road surfaces, traffic signs, signals, bollards, curbs, medians, and disability access ramps.
These events also leave debris, tire marks, and graffiti, requ iring significant cleanup efforts that divert resources from other critical safety improvements.
3. City staff estimates that the post‐sideshow cleanup costs for the City can be up to $100,000 per sideshow, depending on the nature and size of the illegal event. During a recent illegal sideshow incident at the intersection of Ke lton Way and Main Avenue, city costs for slurry, traffic control, restriping all markings affected, and associated administrative costs were approximately $40,000.
4. Sideshows often occur during times when the police department is already addressing a high volume of emergency calls. Sideshows require a law enforcement response, th ereby diverting police department personnel from responding to other emergencies.
5. Sideshows create an unsafe environment for the communities in which they occur because participants drive recklessly, often in the presence of numerous spectators.
6. Sideshows drastically impact the quality of life in the communities where they occur by causing damage to vehicles and private and public property; red ucing air
Ordinance No. 2024 Adopted on 2
quality due to the smoke released by burning rubber tires; causing noise pollution; and creating unmanageable crowds that leave behind garbage.
7. Promoters of sideshows are motivated by the presence of spectators and create an environment in which these, as well as other, illegal activities can flourish. These
illegal events also attract hundreds of people from outside the city who have no stake in the health and safety of the neighborhoods in which they take place.
8. State law makes it illegal to engage in sideshows on public roads, streets, and highways. These offenses are punished under California Vehicle Code sections 23103 (reckless driving) and 23109 (motor vehicle speed contests and motor vehicle exhibitions of speed). A criminal conviction is generally a misdemeanor that may result in jail time, probation, or fines.
9. The purpose of this ordinance is to complement state law by further clarifying the existing prohibition of spectating, prohibiting the promotion of spectating, and increasing the penalties for violations.
SECTION 2.
Chapter 10.34 of the Sacramento City Code is hereby amended to read as follows:
CHAPTER 10.34 SPECTATORS AT STREET RACES SIDESHOWS, MOTOR VEHICLE EXHIBITIONS OF SPEED, MOTOR VEHICLE SPEED CONTESTS, AND RECKLESS DRIVING EXHIBITIONS
10.34.010 Definitions.
For purposes of this chapter, the following definitions shall apply:
“Motor vehicle exhibition of speed” has the same meaning as in subdivision (c) of California Vehicle Code section 23109.
“Motor vehicle speed contest” has the same meaning as in subdivision (a) of California Vehicle Code section 23109.
“Off‐street parking facility” has the same meaning as in subdivision (c) of California Vehicle Code section 12500, and includes those facilities described in section
10.42.010.B.
“Preparations” for any street race or reckless driving exhibition include, but are not limited to, sideshow, motor vehicle exhibition of speed, motor vehicle speed contest, or reckless driving exhibition, including any of the following acts done for the purpose of the street race or reckless driving exhibitionfacilitating spectating of these acts:
Ordinance No. 2024 Adopted on 3
1. One or more motor vehicles or persons have arrived at a predetermined location;
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 off‐street parking facility;
4. One or more persons have impeded the free public use of a public street or highway or off‐street parking facility by acts, words, or physical barriers;
5. One or more vehicles have lined up with engines running;
6. One or more drivers is are revving his or her their vehicle’s engine or spinning his or her its tires; or
7. A person is acting as a race starter.
“Present” means a person isbeing within two hundred (200) feet of the site of a street race or reckless driving exhibition, or within two hundred (200) feet of the site of the preparations for either of these activities of the prohibited activity.
“Promote” means to aid, abet, organize, advertise, publish notice, or otherwise encourage.
“Reckless driving exhibition” means has the same meaning as in California Vehicle Code section 23103.
“Scene” means the location of the sideshow, motor vehicle exhibition of speed, motor vehicle speed contest, or reckless driving exhibition, or the location of the preparations for any of these activities.
“Sideshow” has the same meaning as in subdivision (i) of California Vehicle Code section 23109.
“Spectator” means a person who is present at a street race, or reckless driving exhibition, or the site of the preparations for either of these activities, at a prohibited event or activity, for the purpose of viewing, observing, watching, or witnessing either of these activities the event or activity without regard to the means by which the person arrived.
“Street race” means any motor vehicle speed contest or motor vehicle exhibition of speed defined or described in California Vehicle Code section 23109.
10.34.020 Violation.
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A. It is unlawful for any person toNo person shall be a spectator at a sideshow, motor vehicle exhibition of speed, motor vehicle speed contest, street race or reckless driving exhibition conducted on a public street or highway or off‐street parking facility.
B. It is unlawful for any person toNo person shall be a spectator at the location of preparations for a sideshow, motor vehicle exhibition of speed, motor vehicle speed contest, street race, or reckless driving exhibition conducted on a public street or highway or off‐street parking facility.
C. No person shall promote conduct that violates subsections A or B above.
CD. Nothing in thisThis section prohibits does not apply to law enforcement 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.
10.34.030 Relevant circumstances to prove violation.
To prove a violation of this chapter, admissible evidence may include, but is not limited to, any of the following:
A. The time of day;
B. The nature and description of the scene;
C. The number of people at the scene;
D. The location of the person charged in relation to any person or group present at the scene;
E. The number and descriptions of motor vehicles at the scene; F. That the motor vehicles at the scene have been modified; G. That the person charged drove or was transported to the scene.; H. That the person charged has previously participated in or was present at a sideshow, motor vehicle exhibition of speed, motor vehicle speed contest, or reckless driving exhibition;
I. That the person charged has previously aided and abetted a sideshow, motor vehicle exhibition of speed, motor vehicle speed contest, or reckless driving exhibition; J. That the person charged has previously promoted spectating at a sideshow, motor vehicle exhibition of speed, motor vehicle speed contest, or reckless driving exhibition;
Ordinance No. 2024 Adopted on 5
K. That the person charged previously was present at a location where preparations were being made for a sideshow, motor vehicle exhibition of speed, motor vehicle speed contest, or reckless driving exhibition;
L. That the person charged previously violated this chapter; M. Any video or audio from technology such as drone or security cameras; and N. Any data from technology such as automatic license plate readers or speed detecting radar technology.
10.34.040 Penalty for violation.
A violation of the ordinance codified in this chapter shall constitute a misdemeanor. The penalty for a first violation is a five‐hundred dollar ($500.00) fine or imprisonment not to exceed six months, or both. The penalty for each additional violation within one year is a one‐thousand dollar ($1,000.00) fine or imprisonment not to exceed six months, or both.
A. In addition to any other remedy allowed by law, any person who violates a provision of this chapter is subject to criminal sanctions, civil actions, and administrative penalties pursuant to chapter 1.28.
B. Violations of this chapter are hereby declared to be a public nuisance.
C. Any person who violates a provision of this chapter is liable for civil penalties of not less than $250 or more than $25,000 for each day the violation continues.
D. Any person who violates a provision of this chapter is guilty of a misdemeanor, punishable by a fine of $1,000 or imprisonment not to exceed six months, or both.
E. All remedies prescribed under this chapter are cumulative and the election of one or more remedies does not bar the city from the pursuit of any other remedy to enforce this chapter.
Adopted by the City of Sacramento City Council on by the following vote:
Ordinance No. 2024 Adopted on 6
Ayes:
Noes:
Abstain:
Absent:
MAYOR
Attest:
City Clerk
Passed for Publication:
Published:
Effective: