On Monday, the Pittsburg City Council will take up an ordinance aiming to prohibit spectators at illegal speed contests, exhibitions of speed or sideshows.
Current State law does not allow for enforcement on private property, where many of these events occur.
The proposed ordinance would prohibit spectators at illegal street racing events, provide notice as to what activities are lawful and unlawful, and identify penalties for violations of this ordinance. In response to illegal street racing and sideshow activities, several cities have adopted ordinances banning spectators at street racing events. These cities have reported that these ordinances are an effective tool to combat dangerous activities and to limit spectator involvement at street racing, exhibitions of speed, and sideshows.
Per the Ordinance:
It is unlawful for any individual to:
A. Be knowingly present as a spectator at an illegal motor vehicle speed contest, exhibition of speed, or sideshow; or
1. Be knowingly present as a spectator where preparations are being made for an illegal motor vehicle speed contest, exhibition of speed, or sideshow.
B. An individual is present at an illegal motor vehicle speed contest, exhibition of speed, or sideshow if that individual is on a public street or highway, public property, or on private property without the consent of the owner, operator, or agent thereof, and is within two hundred (200) feet of the location of the event or within two hundred (200) feet of the location where preparations are being made for the event.
10.61.040 Enforcement.
Any person who violates this chapter is guilty of a misdemeanor subject to a maximum of six (6) months in jail and a fine of $1,000, unless at the discretion of the district attorney, the violation is reduced to an infraction. The city may seek compliance with this chapter by any remedy allowed under this code and any other remedy allowed by law, including but not limited to the administrative citation procedures set forth in PM 1.20.030. The amount of the administrative fine is $1,000 for each violation.
Per the Staff Report:
EXECUTIVE SUMMARY
Vehicle exhibitions and street racing have been a recurring concern for the health and safety of motorists, pedestrians, and residents in the City. These activities have caused fatal collisions, property damage and traffic congestion; creating a public nuisance. Illegal speed contests, exhibitions of speed, and sideshows pose a clear danger to the residents of the City and the motoring public traveling on the roadways within the City. Current State law does not allow for enforcement on private property, where many of these events occur. The purpose of the proposed ordinance is to prohibit spectators at illegal racing events with the aim of significantly curbing the criminal activity
BACKGROUND
Sideshows and street racing events have become a consistent issue for law enforcement. Larger cities in the Bay Area and the Central Valley 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 the pedestrian and vehicular traffic, and creates a public nuisance. In addition, there have been numerous examples of these events being accompanied by gunfire, which can 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 for stunt 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
STAFF ANALYSIS
Vehicle Code sections 23103 through 23109 provide that motor vehicle speed contests and exhibitions of speed conducted on public streets and highways are illegal. However, State law currently does not address spectators at these events and is silent about these events, drivers, and spectators that occur on private property.
The proposed ordinance would prohibit spectators at illegal street racing events, provide notice as to what activities are lawful and unlawful, and identify penalties for violations of this ordinance. In response to illegal street racing and sideshow activities, several cities have adopted ordinances banning spectators at street racing events. These cities have reported that these ordinances are an effective tool to combat dangerous activities and to limit spectator involvement at street racing, exhibitions of speed, and sideshows.
Pittsburg City Council Meeting
May 2, 2022
7:00 pm
65 Civic Avenue, Pittsburg CA
