REPORT TO COUNCIL
SUBJECT
Title
Introduce an Ordinance to Add Chapter 10.62 of Title 10 (Vehicles and Traffic) of the Sunnyvale Municipal Code Relating to Exhibitions and Speed Contests, Amend Section 1.04.101(b) of Chapter 1.04 (General Penalty) Relating to Violation-Misdemeanor or Infraction, and Adopt a Resolution to Amend the City Fee Schedule
Report
BACKGROUND
The City is facing a serious problem with illegal street racing and sideshows, a problem which endangers innocent bystanders and law enforcement in addition to participants and spectators. Since January 2021, there have been over 20 sideshows and sideshow related events. Historically, these events took place on the north end of Sunnyvale, in largely empty, commercial areas at night. Recently, sideshows have evolved and are now found in all areas throughout the City. Sideshows have occurred on private property and on public streets, and during both daytime and evening hours. Sideshows and organized racing events can include over one hundred cars, and are becoming increasingly more violent, requiring massive police responses that have pulled in large numbers of public safety officers. It has become clear that the Sunnyvale Department of Public Safety (SDPS) needs additional tools and resources to adequately respond to the proliferation of sideshows.
While the characteristics of sideshows vary, there are some significant core elements that are observed by officers. Participants often block streets with their cars, set up improvised racetracks and exhibition areas, use people as lookouts to alert them of a public safety response, and use others to act as human guard rails. These reckless exhibitions often result in vehicles accelerating at high rates of speed, doing “donuts” in intersections with passengers hanging out of windows, and coming perilously close to striking spectators. When patrol vehicles arrive on scene at the unlawful sideshows, participants and spectators are often alerted by posted “lookouts,” at which point they jump back into their cars and caravan to other locations and resume these dangerous activities in a new location. The participants, traveling at high speeds from location to location and ignoring other traffic laws, cause traffic congestion and pose serious danger to other drivers and pedestrians. The high speeds and reckless driving that characterize street racing and reckless driving exhibitions endanger both participants and members of the public.
EXISTING POLICY
General Plan Goal SN-3: Ensure a safe and secure environment for people and property in the community by providing effective public safety response and prevention and education services.
General Plan Police SN-3.2: Control conduct recognized as threatening to life and property.
Policy SN-3.5 Facilitate the safe movement of pedestrians, bicyclists, and vehicles.
Policy LT-3. 18 Facilitate safe and orderly traffic flow and promote school pedestrian and bicycle safety.
ENVIRONMENTAL REVIEW
The action being considered does not require review under the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that it may have an impact on the environment. (CEQA Guidelines Section 15061(b)(3))
DISCUSSION
Recent Experience
Over the weekend of January 15, 2021, a sideshow of over 150 vehicles with an additional 450-500 spectators took place in Sunnyvale near Fremont Avenue and Belleville Way. Dispatch received approximately 11 calls for service from frightened neighbors and nearby drivers. Participants blocked responding police officers with a heavy pedestrian and vehicle presence and shined green lasers at incoming officers, a tactic and weapon known to potentially cause permanent eye damage. The following night, a sideshow returned to the same intersection and took over the intersection for approximately one hour. Officers were substantially outnumbered and therefore unable to initiate enforcement action without risking their own personal safety. On an incident in late 2020, a patrol officer drove too close to a sideshow and his vehicle was attacked by the spectators and participants. Suspects in this case attempted to gain access to the vehicle and officer. Fortunately, the officer was unharmed, but the patrol vehicle sustained significant damage as the vehicle was pelted with bottles, rocks and other objects.
The negative impact of sideshows on the community has been substantial. There have been reports of hit and run collisions, vehicles failing to yield to officers who attempt to initiate lawful stops, and a strong-armed robbery of a resident at a sideshow event. These criminal elements, sometimes violent, introduced within these events creates an additional layer of danger and threat to residents and the community at large.
The response required by public safety officers at these sideshows is taxing on the Department of Public Safety (DPS) resources. At some of these sideshows, up to 12 officers at a time have been deployed. When sideshows occur in the late evening it can be even more challenging to deploy the appropriate number of resources to handle because typically there are 15 officers on-duty. It is a normal practice to request for mutual aid from neighboring agencies. However, mutual aid from neighboring jurisdictions is frequently unavailable as they may have concurrent sideshows in their cities.
Since January 2021, there have been over 20 sideshows and sideshow related events (noise related calls of sideshows, excessive tire streaks in intersections in circular patterns, damage to parked vehicles and property) in Sunnyvale. To address these issues proactively, DPS has participated in an ad hoc sideshow mutual aid working group, led by the San Jose Police Department. DPS sent detectives on weekend evenings through the months of March and April 2021 to assist the working group and in turn, the San Jose Police Department provided resources to Sunnyvale as needed. This ad hoc working group, while successful, has temporarily calmed sideshow events as the sideshow participants have adjusted their tactics and locations. While participation in this working group has been helpful to gather information and potential resources, the ad hoc group is a temporary strategy and not sustainable for continued enforcement and security in our City.
This year, the cities of San Jose, Fairfield, and Vallejo have enacted their own sideshow ordinances, providing that spectators and promoters of sideshow events within their respective jurisdictions are guilty of a misdemeanor. Existing state law provides that participants in sideshows may be punishable by a misdemeanor (California Vehicle Code Section 23103). Sunnyvale’s proposed ordinance provides that spectators and promoters may be charged with an infraction.
Proposed Ordinance
Due to the increase and intensity of these events this year in Sunnyvale, staff is seeking additional enforcement tools to deter and penalize promoters and spectators. The draft resolution to amend the fee schedule proposes the imposition of fines for violations as follows:
1. A penalty of $500 per incident for spectators, and
2. A penalty of $750 per incident for promoters.
The proposed Ordinance provides criminal and civil penalties for promoters and spectators and that it will be charged as an infraction.
Large, coordinated sideshows are not spontaneous; they are organized, planned, and promoted on social media. Given the scale of these illegal events, the proposed Ordinance also includes promoters by extending penalties to those who incite, promote, or advertise sideshow activity.
The proposed Ordinance provides new definitions, including “promoter,” “spectator,” “present,” “street race” and “reckless driving exhibition” and the circumstances that may be considered to prove a violation of the section.
If the proposed Ordinance is adopted by City Council, DPS plans to initiate a public information campaign to deter and inform individuals of the consequences of sideshows in Sunnyvale.
FISCAL IMPACT
Any fines collected as a result of violations of the proposed Ordinance will be deposited to the City’s General Fund.
Enforcement of the proposed Ordinance may result in additional overtime costs, which will impact the DPS operating budget. To the extent that they are available, grant funds will be used for enforcement activities. In addition, this report introduces a resolution proposing a schedule of fines, which will potentially offset increased overtime costs. Proposed fines for a violation of the ordinance is $500 per incident for spectators and $750 per incident for promoters.
DPS anticipates that it will absorb any added costs associated with education and enforcement through its existing funding and resources.
PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City's official-notice bulletin board outside City Hall, Sunnyvale Public Library and Department of Public Safety. In addition, the agenda and report are available at the Office of the City Clerk and on the City's website.
ALTERNATIVES
1. Introduce an Ordinance of the City Council of the City of Sunnyvale to Add Chapter 10.62 of Title 10 (Vehicles and Traffic) and Amend Section 1.04.010(b) of the Sunnyvale Municipal Code Relating to Exhibitions and Speed Contests and Adopt a Resolution to Amend the City Fee Schedule.
2. Introduce the Ordinance and Adopt the Resolution with modifications.
3. Do not Introduce the Ordinance or Adopt the Resolution and provide alternative direction to staff.
STAFF RECOMMENDATION
Recommendation
Alternative 1: Introduce an Ordinance of the City Council of the City of Sunnyvale to Add Chapter 10.62 of Title 10 (Vehicles and Traffic) and Amend Section 1.04.010(b) of the Sunnyvale Municipal Code Relating to Exhibitions and Speed Contests and Adopt a Resolution to Amend the City Fee Schedule.
Staff
Prepared by: David Sakurai, Captain
Reviewed by: Phan Ngo, Director, Public Safety
Reviewed by: John Nagel, City Attorney
Reviewed by: Teri Silva, Assistant City Manager
Approved by: Kent Steffens, City Manager
ATTACHMENTS
1. Proposed Ordinance
2. Resolution to Amend the Fee Schedule