Oakland Municipal Code Ch. 10.74 Sideshows

This Chapter shall be known as the Oakland Sideshow Ordinance.

(Ord. No. 13743, § 1, 6-6-2023)

This Chapter establishes the elements necessary for organizers and facilitators of sideshows, street races and reckless driving exhibitions to be held accountable.

(Ord. No. 13743, § 1, 6-6-2023)

As used in this Chapter:

"Offstreet Parking Facility" is defined in subdivision (c) of California Vehicle Code Section 12500, as may be amended.

"Preparations for," "Organizing, or "Facilitating" any sideshow, street race or reckless driving exhibition include, but are not limited to, any of the following acts done for the purpose of a sideshow, street race or reckless driving exhibition:

1. One (1) or more motor vehicles and persons have arrived at a predetermined location on a public street or highway or in an offstreet parking facility;

2. Two (2) or more persons have gathered on, or adjacent to, a public street or highway;

3. Two (2) or more persons have gathered in an offstreet parking facility;

4. One (1) or more persons have impeded the free public use of a public street, highway, or offstreet parking facility by acts, words or physical barriers;

5. One (1) or more motor vehicles have lined up on a public street, highway, or offstreet parking facility with motors running;

6. One (1) or more drivers is revving a motor vehicle's engine or causing the motor vehicle's tires to spin; or

7. One (1) or more drivers is demonstrating or performing automotive stunts including, but not limited to, spinning doughnuts, vehicles swerving back and forth, burning rubber, spinning cars, racing or obstructing any public street, highway or in an offstreet parking facility.

8. A person is standing or sitting in a location to act as a race starter.

A person is "present" at the sideshow, street race or reckless driving exhibition if that person is within two hundred (200) feet of the location of the sideshow, street race or reckless driving exhibition, or within two hundred (200) feet of the site of the preparations for either of these activities.

"Reckless Driving Exhibition" shall mean any exhibition of reckless driving referred to in California Vehicle Code Section 23103, as may be amended.

"Sideshow" means an event in which two (2) or more persons block or impede traffic on a highway or other public place open to vehicle traffic, or access private property without the consent of the owner, operator, or agent thereof, for the purpose of performing motor vehicle stunts, motor vehicle speed contests, motor vehicle exhibitions of speed, or reckless driving, for spectators.

"Street Race" means any motor vehicle speed contest or motor vehicle exhibition of speed referred to in subdivisions (a) and (c) of California Vehicle Code Section 23109, as may be amended.

(Ord. No. 13743, § 1, 6-6-2023)

A. It shall be unlawful for any person to (1) knowingly organize, promote, instigate, assist, facilitate, aid, or abet; or (2) knowingly impede, obstruct or delay peace officers in performance of their duties before, at or immediately following:

1. A sideshow or street race or the gathering of persons at a sideshow or street race conducted on a public street or highway; or

2. A sideshow or reckless driving exhibition or the gathering of persons at a sideshow or reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility.

B. It shall be unlawful for any person to (1) knowingly organize, promote, instigate, assist, facilitate, aid, or abet; or (2) knowingly impede, obstruct or delay peace officers in performance of their duties before, at or immediately following:

1. Preparations for a sideshow or street race or the gathering of persons where preparations are being made for a sideshow or street race conducted on a public street or highway; or

2. Preparations for a sideshow or reckless driving exhibition or the gathering of persons where preparations are being made for a sideshow or reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility.

C. Geographic proximity to a sideshow, street race or reckless driving exhibitions alone is insufficient evidence to meet the criteria to be found guilty of organizing or facilitating.

(Ord. No. 13743, § 1, 6-6-2023)

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 organized, promoted, instigated, assisted, facilitated, aided, or abetted at a sideshow, street race or reckless driving exhibition;

2. That the person charged has previously aided and abetted street racing;

3. That the person charged was previously present at a location where preparations were being made for a sideshow, street race or reckless driving exhibition, or where a sideshow, street race or reckless driving exhibition was in progress.

4. 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, if the prior act or acts occurred within three (3) years of the presently charged offense. These prior acts may always 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. above, 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 nature and description of the scene, including the number and configuration of traffic lanes;

2. The number of people at the scene;

3. The number and descriptions of motor vehicles at the scene;

C. For purposes subsection B., above, "scene" refers to the location of the sideshow, street race or reckless driving exhibition or the location of the preparations for the sideshow, street race or reckless driving exhibition.

(Ord. No. 13743, § 1, 6-6-2023)

A. A violation of this Section shall be subject to enforcement through criminal prosecution and/or civil penalties, as provided herein.

1. Violation a Misdemeanor. A person who violates this Chapter shall be guilty of a misdemeanor punishable by imprisonment in the County jail not exceeding six (6) months or by fine not exceeding one thousand dollars ($1,000.00), or by both. Each violation shall be deemed a distinct and separate offense that may be charged by the District Attorney.

B. Civil Penalties. The City may seek civil injunctions or assess penalties for violations of this Chapter pursuant to state and local law.

1. The City may assess the following penalties for violations of this Chapter:

a. One thousand dollars ($1,000.00) for the first violation;

b. Two thousand five hundred dollars ($2,500.00) for the second violation; and

c. Five thousand dollars ($5,000.00) for the third violation and for each subsequent violation committed within a calendar year.

2. The City may recover damages caused by any violation of this Section.

(Ord. No. 13743, § 1, 6-6-2023)

If any article, section, subsection, sentence, clause or phrase of this ordinance or exhibit is held to be invalid or unconstitutional, the offending portion shall be severed and shall not affect the validity of remaining portions, which shall remain in full force and effect.

(Ord. No. 13743, § 1, 6-6-2023)

Nothing in this Chapter 10.74 shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.

(Ord. No. 13743, § 1, 6-6-2023)

This Chapter shall become effective immediately on final adoption of the ordinance from which it is derived if it receives six (6) or more affirmative votes; otherwise it shall become effective upon the seventh day after final adoption.

(Ord. No. 13743, § 1, 6-6-2023)