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HomeMy WebLinkAboutOrd. 1366-2006 ORDINANCE NO. 1366-2006 AN ORDINANCE AMENDING TITLE 10 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADD CHAPTER 10.64 DECLARING VEHICLE SIDESHOWS A PUBLIC NUISANCE WHEREAS, street racing and reckless driving exhibitions, commonly known as "sideshows," are increasingly becoming a problem for communities in the state of California; and WHEREAS, street races and reckless driving exhibitions are gatherings, processions or assemblages where persons in vehicles engage in reckless stunts and maneuvers on city streets and other public places, often in the presence of spectators; and WHEREAS, the City Council finds that based upon the experiences of other jurisdictions, including the cities of Oakland, Sacramento and San Diego, street races and reckless driving exhibitions can cause chaos and confusion in neighborhoods by interfering with pedestrian and vehicular traffic and by creating a situation where residents and members ofthe public feel threatened and intimidated; and WHEREAS, the City Council finds that based upon the experiences of other jurisdictions, including the cities of Oakland, Sacramento and San Diego, street races and reckless driving exhibitions create serious traffic problems, interfere with the safe use of streets and sidewalks, result in gridlock conditions, road closures impacting emergency vehicles, the closure of freeway off-ramps and instances where legitimate vehicles and pedestrians are trapped in the middle of these activities; and WHEREAS, the City Council finds that based upon the experiences of other jurisdictions, including the cities of Oakland, Sacramento and San Diego, the operators of vehicles involved in street races and reckless driving exhibitions can disturb the tranquility of residents and threaten their safety by screeching their tires, revving their engines, playing loud music, engaging in reckless stunts and maneuvers, and causing damage or injury to other vehicles, private and public property, and people; and WHEREAS, the City Council finds that based upon the experiences of other jurisdictions, including the cities of Oakland, Sacramento and San Diego, large numbers of spectators often gather to watch street races and reckless driving exhibitions; that the presence of spectators fosters an environment that can encourage an increase in street races and reckless driving exhibitions; and that spectators who gather to watch street races and reckless driving exhibitions often block streets and sidewalks to traffic, form racetrack areas, place bets on races and engage in unruly and criminal behavior including fighting, littering, drinking in public, public urination, trespassing and vandalism; and WHEREAS, the City Council finds that these activities are injurious to the health and offensive to the senses, interfere with the peace and quiet of South San Francisco residents and with their right to enjoy their homes, interfere with the right of business owners to enjoy their property, and interfere with the comfortable enjoyment of life and property of entire communities and neighborhoods in South San Francisco and, as such, constitute a public nuisance; and WHEREAS, the City Council declares that this Chapter is added to reduce crime and the concomitant threats to public health and safety and prlvate property rights by prohibiting the participation in sideshows on city highways and streets and off-street parking facilities and prohibiting the encouragement of illegal activities by providing an audience for illegal street races and reckless driving exhibitions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO HEREBY ORDAINS AS FOLLOWS: Section 1: The Municipal Code is hereby amended to add Chapter 10.64 as follows: CHAPTER 10.64 "PROHIBITION AGAINST SPECTATORS AT VEHICLE SIDESHOW ACTIVITIES AND ABATEMENT OF NUISANCE VEHICLES INVOVLED IN SIDESHOW ACTIVITIES" 10.64.010 PURPOSE. This chapter is adopted to prohibit gatherings for the purpose of participating in, observing or otherwise supporting speed contests or reckless driving exhibitions, commonly known as "sideshows," on the city streets, highways and off-street parking facilities. The purpose of this law is to significantly curb this illegal and nuisance activity. The law targets a very clear, limited population and gives proper notice to citizens of the activities that are considered a nuisance and prohibited under this ordinance. In prohibiting spectators at sideshow activities, the city intends to take a significant step toward making its public streets, highways and off- street parking facilities safe to pedestrians, motorists and the general public. 10.64.020 DEFINITIONS For purposes ofthis Chapter, the following definitions shall apply: A. "Sideshow" means any gathering of persons to participate in and observe any motor vehicle speed contests or motor vehicle exhibitions of speed defined or described in the California Vehicle Code section 23109 or any reckless driving exhibition as defined or described in California Vehicle Code section 23103. B. "Spectator" means a person who is present at a sideshow, or the site of the preparations for these activities, for the purpose of viewing, observing, watching or witnessing either of these activities without regard to the means by which the person arrived. C. "Present" means a person is within 200 feet of the site of a sideshow exhibition, or within 200 feet of the site of the preparations for these activities. D. "Preparations" for any sideshow include, but are not limited to, any of the following acts done for the purpose of the sideshow: 1. one or more motor vehicles or persons have arrived at a predetermined location; 2. one or more persons have impeded the free public use of a public street or highway or offstreet parking facility by acts, words or physical barriers; 3. one or more vehicles have lined up with engines running; 4. one or more drivers is revving his or her engiine or spinning his or her tires; or 5. a person is acting as a race or sideshow starter. 10.64.030 VIOLATION - SPECTATOR AT A SIDESHOW A. It shall be unlawful for any person to be a spectator at a motor vehicle speed contest or motor vehicle exhibition of speed conducted on a public street or highway or on private property open to the general public without consent of the owner. B. It shall be unlawful for any person to be a spectator at the location of preparations for a motor vehicle speed contest or motor vehicle exhibition of speed conducted on a public street or highway or on private property open to the general public without consent of the owner. C. Nothing in this section prohibits 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. 10.64.040 RELEV ANT CIRCUMSTANCES TO PROVE A VIOLATION 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: A. time of day; B. nature and description of the scene; C. number of people gathered at the scene; D. number and description of motor vehicles at the scene; E. whether vehicles gathered at the scene are engaged iin vehicular stunts and maneuvers; F. whether the individual charged has previously participated in or aided and abetted in a sideshow. 10.64.050 ADMISSlBIL TY OF PRIOR ACTS The list of circumstances set forth in section 10.64.040 is not exclusive. Evidence of prior acts may be admissible to show the propensity of a person to participate in if the prior act or acts occurred within three (3) years of the presently charged offense. These prior acts may be admissible to show that a person had knowledge that a sideshow activity or reckless driving exhibition was taking place at the time of the presently charged offense. 10.64.060 NON-APPLICABILITY This ordinance does not prohibit members of law enforcement, the medical profession or any other legitimate service provider form being present at a sideshow or a reckless driving exhibition while in the course oftheir official duties. 10.64.070 ENFORCEMENT-PENALTY In addition to any other penalties authorized by law, the prosecuting agency may charge a violation of this ordinance as an infraction or a misdemeanor. A misdemeanor may be punishable by a fine not to exceed $500 for the first offense:, $750 for the second and $1000 for any subsequent offense. A misdemeanor may also be punishable by imprisonment not to exceed six (6) months or, by both a fine and imprisonment. 1 0.64.080 ABATEMENT OF NUISANCE VEHICLES BY SEIZURE AND FORFEITURE A. Nuisance vehicles. Any vehicle used as part of a sideshow or in violation of California Vehicle Code Section 23103 relating to reckless driving is declared a nuisance, and the vehicle shall be enjoined and abated as provided in this ordinance. Any person or his or her servant, agent, or employee who owns, leases, conducts or maintains any vehicle used for any of the purposes or acts prohibited is guilty of nuisance. B. Declaration by court. Upon proof that the vehicle was used as part of a sideshow, the court shall declare the vehicle a nuisance and order that it be forfeited, sold and the proceeds distributed as provided by this ordinance. C. Right, title and interest in property. All right, title and interest in any vehicle that constitutes a nUIsance under this ordinance shall vest in the city. D. Procedure for Seizure of Vehicle. 10.64.90 1. Vehicles subject to forfeiture under this ordinance may be seized by a peace officer upon process issued by a court having jurisdiction over the vehicle. Seizure without a court order may be made: if any of the following situations exist: a. The seizure is incident to an arrest or a search under a valid search warrant; b. There is probable cause to believe that the vehicle was used in violation of this ordinance. 2. A peace officer seizing a vehicle shall complete a receipt in accordance with Section 1412 of the Penal Code and deliver it to the person out of whose possession such vehicle was seized. 3. An investigation shall be made by the public agency making the seizure as to any potential claimant to a vehicle whose right, title, interest or lien is of record in the Department of Motor Vehicles of this or any other state or appropriate federal agency. If the public agency finds that any person, other than the registered owner, is the legal owner, and the ownership did not arise subsequent to the date and time of arrest or seizure of the vehicle or notification of the forfeiture proceedings, it shall within three (3) business days of the vehicle's seizure, send a notice of seizure and notice of a hearing to the legal owner at his or her address appearing on the records of the Department of Motor Vehicles of this or any other state or any appropriate federal agency. 4. Where appropriate, a vehicle seized pursuant to this ordinance may be held as evidence in any proceeding brought by the prosecuting agency. SEVERABILITY The provisions of this ordinance are severable, and if any word, clause, sentence, paragraph, provision, or part of this ordinance, or the application of this ordinance to any person, is declared invalid, preempted or unconstitutional by any court, said holding shall not invalidate any other portion of this ordinance. The City Council finds and determines that it would have adopted this ordinance without said work, clause, sentence, paragraph, provision or part. Section 2: Publication and Effective Date. Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This ordinance shall become effective thirty days from and after its adoption. * * * * * Introduced at a regular meeting of the City Council of the City of South San Francisco, held the 25th day of January 2006. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 8th day of February 2006, by the following vote: AYES: Councilmembers Mark N. Addiego, Pedro Gonzalez, and Karyl Matsumoto, Vice Mayor Richard A. Garbarino and Mayor Joseph A. Fernekes NOES: None ABSTAIN: None ABSENT: None /)., ..' .) / 1.' /70 r ATTESTj[ '\. 'u..Ut:i /. ~a~ City Clerk / As Mayor of the City of South San Francisco, I do hereby approve the fore oing Ordinance this 8th day of February 2006.