Chapter 9.35
STREET RACING AND SIDESHOWS
Sections:
9.35.020 Findings and purpose.
9.35.040 Identification of additional designated streets.
9.35.050 Temporary street closure – Signs.
9.35.060 Temporary street closure – Violation.
9.35.080 Police services fee for violations of temporary street closures.
9.35.090 Spectators prohibited at street races and reckless driving exhibitions.
9.35.110 Relevant circumstances to prove a violation.
9.35.010 Title.
This chapter shall be known as “the street racing and sideshows ordinance.” (Ord. 2430 § 1, 7-3-01; Ord. 2431 § 1, 7-10-01; Ord. 09-2022 § 1, 9-20-22. 1990 Code § 3-20100.)
9.35.020 Findings and purpose.
This chapter is adopted pursuant to the authority granted by Cal. Veh. Code § 21101.4 which allows local authorities to adopt rules and regulations for temporary street closures due to serious and continual criminal activity on portions of the streets recommended for closure.
The council’s findings, based upon the recommendation of the Fremont police chief in regard to the Cal. Veh. Code § 21101.4 criteria, are as follows:
(a) Serious and continuing criminal activity in the form of nighttime street racing is being conducted on the designated streets. Such street racing constitutes a nuisance, creates potential hazards to the health and safety of the public, and interferes with pedestrian and vehicular traffic within the city of Fremont. The illegal races occur on a regular basis in the industrial or warehouse zones of the city. Street racers accelerate to extremely high speeds without regard to oncoming traffic, pedestrians, or vehicles parked and moving nearby. The racers move quickly from street to street, racing for several heats and then often moving on to another street upon the arrival of a police unit. Calls for police service, traffic accidents, and property crimes have increased dramatically due to the street racing.
(b) In addition, serious criminal activity in the form of “side shows” occurs at night on certain city streets. Side shows include drivers deliberately driving in circles at high rates of speed until the vehicles’ wheels break or lose traction, frequently in the presence of other drivers and spectators. Such activity creates a serious threat to life and property, similar to the dangers of street racing.
(c) The designated streets have not been designated as through highways or arterial streets.
(d) Vehicular or pedestrian traffic on the designated streets contributes to the criminal activity of nighttime street racing. Hundreds of people have been found to form illicit “tracks” along broad and long streets. Those gathered often block the streets and sidewalks to form the racetrack area, place bets and generally encourage, aid and abet the racing process.
(e) The temporary closure of the designated streets will not substantially adversely affect traffic flow, safety down the adjacent streets or in the surrounding neighborhoods, the operation of emergency vehicles, performance of municipal or public utility services, or the delivery of freight by commercial vehicles in the area of the highway to be temporarily closed since the recommended hours for temporary closure are nights between the hours of 11:00 p.m. and 6:00 a.m. (Ord. 2430 § 1, 7-3-01; Ord. 2431 § 1, 7-10-01; Ord. 2455 § 1, 4-2-02. 1990 Code § 3-20101.)
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 Christy Street 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 Cal. Veh. Code § 21101.4.
(b) “Sideshows” means any unlawful reckless driving or exhibition of speed as defined by Cal. Veh. 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 Cal. Veh. 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 Cal. Veh. 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 Cal. Veh. Code § 23103, as may be amended, including but not limited to sideshows.
(f) “Off-street parking facility” is defined in Cal. Veh. Code § 12500(c), 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 200 feet of the location of the street race or reckless driving exhibition, or within 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 off-street 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 off-street parking facility;
(4) One or more persons have impeded the free public use of a public street, highway, or off-street parking facility by acts, words or physical barriers;
(5) One or more motor vehicles have lined up on a public street, highway, or off-street 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. (Ord. 2430 § 1, 7-3-01; Ord. 2431 § 1, 7-10-01; Ord. 2455 § 2, 4-2-02; Ord. 09-2022 § 2, 9-20-22. 1990 Code § 3-20102.)
9.35.040 Identification of additional designated streets.
(a) Upon the recommendation of the police chief, the city council may from time to time adopt a resolution identifying additional streets where there are continuing activities that warrant closure of the street in accordance with Cal. Veh. Code § 21101.4.
(b) Prior to adopting a resolution identifying designated streets for temporary closure, the city council shall hold a public hearing and make the following findings:
(1) Serious and continuing criminal activity exists on designated streets within the city of Fremont which are recommended for temporary closure.
(2) The designated streets have not been designated as through highways or arterial streets.
(3) Vehicular or pedestrian traffic on the designated streets contributes to the criminal activity.
(4) The temporary closure of the designated streets will not substantially adversely affect traffic flow, safety down the adjacent streets or in the surrounding neighborhoods, the operation of emergency vehicles, performance of municipal or public utility services, or the delivery of freight by commercial vehicles in the area of the highway proposed to be temporarily closed. (Ord. 2430 § 1, 7-3-01; Ord. 2431 § 1, 7-10-01. 1990 Code § 3-20103.)
9.35.050 Temporary street closure – Signs.
Pursuant to Cal. Veh. Code §§ 21103 and 22651(n), signs giving notice of the temporary closure and removal of vehicles shall be posted prior to enforcement of this section. Such signs shall be posted at all entrances to the streets. Signs shall advise of the temporary street closure days and hours, that the area is a tow-away zone and that violators may be cited for a violation of the temporary street closure. Lettering on the signs shall be one to two inches in height. (Ord. 2430 § 1, 7-3-01; Ord. 2431 § 1, 7-10-01. 1990 Code § 3-20104.)
9.35.060 Temporary street closure – Violation.
With the exception of commercial vehicles making deliveries to and from commercial properties adjacent to the designated streets and individuals employed by businesses adjacent to the designated streets and showing identification, all vehicles stopped, parked or left standing along the designated streets within the hours of temporary closure are subject to towing pursuant to Cal. Veh. Code § 22651(n).
All individuals violating the temporary street closure of the designated streets are subject to citation. The violation of any provision of this chapter shall constitute a misdemeanor. Notwithstanding any other provisions of this chapter, any such violation constituting a misdemeanor under this chapter may, in the discretion of the authorized enforcement officer, be charged and prosecuted as an infraction, or cited under the provisions of Chapter 1.20, Administrative Remedies, and charged a civil penalty pursuant to the civil penalty schedule adopted by the city council.
The provisions of this chapter are not intended to replace the prohibition and impoundment provisions of Cal. Veh. Code § 23109 regarding speed contests and exhibition of speed. (Ord. 2430 § 1, 7-3-01; Ord. 2431 § 1, 7-10-01; Ord. 2455 § 3, 4-2-02. 1990 Code § 3-20105.)
9.35.070 Operative time.
Pursuant to Cal. Veh. Code § 21202.4(b), this chapter of the Fremont Municipal Code shall be operative for 18 months from adoption and is subject to extension by the city council. (Ord. 2430 § 1, 7-3-01; Ord. 2431 § 1, 7-10-01. 1990 Code § 3-20106.)
9.35.080 Police services fee for violations of temporary street closures.
(a) Purpose. The city finds and determines that persons who are detained and taken into custody by police personnel for violating temporary street closures at the designated streets impose an extraordinary burden on police department staffing and resources. Police officers supervising detained violators are unavailable to carry out police duties in the field, causing decreases in levels of police protection and public safety in the community. The purpose of this section is to defray the reasonable costs the city incurs to provide extraordinary police services to respond to, detain and supervise violators of temporary street closures.
(b) Police Services Fee Established – Debt to City.
(1) The violator of the temporary street closure shall be liable for a police services fee whenever the city’s police personnel respond to, detain and supervise a violator of temporary street closures. The city council shall establish the amount of the police services fee by resolution.
(2) The police services fee charged to the violator of the temporary street closure shall be a debt to the city by the violator. Any violator owing to the city pursuant to the section shall be liable in an action brought by the city in its own name to recover such amount, including reasonable attorneys’ fees.
(c) Billing. The police chief or his or her designee shall notify the finance department in writing of (1) the name and address of the violator, (2) the date and time of the violation of this chapter, (3) the names of the police personnel who responded to, detained and supervised the violator, and (4) the date that the violator was reprimanded by the Alameda County juvenile court for the violation (if applicable). The finance department may adopt administrative procedures for the purposes of enforcing the provisions of this section.
(d) Appeal. Any violator who receives a bill from the finance department pursuant to this section may, within 15 days after receiving such bill, file a written request with the city clerk appealing the bill. The written appeal shall state the grounds for such appeal and the specific facts and basis for the appeal. The violator is deemed to have received a bill on the third day following the date that the finance department caused the bill to be placed in the United States mail. The city manager, or his or her designee, shall review any written appeal filed with the city clerk pursuant to this section and shall prepare a written decision on the appeal with 30 days from the date that the written appeal is received by the city clerk. All decisions by the city manager, or his or her designee, shall be final. (Ord. 2430 § 1, 7-3-01; Ord. 2431 § 1, 7-10-01. 1990 Code § 3-20107.)
9.35.090 Spectators prohibited at street races and reckless driving exhibitions.
(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 highway; or
(2) Be knowingly present as a spectator at a reckless driving exhibition conducted on a public street or highway or in an off-street parking facility; or
(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 off-street 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. (Ord. 09-2022 § 3, 9-20-22.)
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 off-street 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 off-street parking facility. (Ord. 09-2022 § 4, 9-20-22.)
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:
(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;
(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 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) of this section, 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. (Ord. 09-2022 § 5, 9-20-22.)