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AGENDA REPORT
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| | | | | | | | DATE:
| September 7, 2021
| TO:
| Mayor and City Council
| FROM:
| Stefan T. Chatwin, City Manager
| | SUBJECT: | Second Reading and Adoption of Ordinance 2021-17 of the City Council of the City of Fairfield Adding a New Article XVII to Chapter 11 of the Fairfield Municipal Code to Prohibit Spectators at Illegal Speed Contests, Exhibitions of Speed, or Sideshows |
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| | | | | | | | | RECOMMENDED ACTION | | Provide second reading and adopt Ordinance 2021-17. |
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| | | | | | | | | STATEMENT OF ISSUE | | 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 these illegal racing events with the aim of significantly curbing this criminal activity. |
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| | | | | | | | | DISCUSSION | 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 pedestrian and vehicular traffic, and creates a public nuisance. In addition, there have been numerous examples of these events being accompanied by gunfire, which 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 or an 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.
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 create a new Article XVII under Chapter 11 to prohibit spectators at illegal street racing events, provide notice as to what activities are lawful and unlawful, and identify penalties for violations of this Article.
In response to illegal street racing and sideshow activities, a number of 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.
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| | | | | | | | | PUBLIC CONTACT/ADVISORY BODY RECOMMENDATION | N/A
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| | | | | | | | | ALTERNATIVE ACTION | | The City Council may choose not to adopt the proposed ordinance. |
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| | | | | | | | | STAFF CONTACT | Matthew Thomas, Police Lieutenant
(707) 428-7340
mthomas@fairfield.ca.gov
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| | | | | | | | | COORDINATED WITH | City Attorney's Office
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| REVIEWERS: | | Reviewer | Action | Date | | Collins, Brad | Approved | 8/23/2021 - 5:23 PM | | Answerer | Approved | 8/23/2021 - 6:30 PM | | Alexander, Amber | Approved | 8/24/2021 - 2:54 PM | | Alexander, Amber | Approved | 8/24/2021 - 2:54 PM |
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