DATE: December 5, 2023
TO: Mayor and City Council
FROM: Acting Police Chief
SUBJECT
Title
Spectator Ordinance Modifications: Introduction of an Ordinance Amending Chapter 4, Article 12 of the Hayward Municipal Code Relating to Spectators at Illegal Speed Contests and Exhibitions of Speed to Include Sideshows
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RECOMMENDATION
Recommendation
That the City Council introduces amendments (Attachment II) to the Spectator Ordinance in Chapter 4, Article 12 of the Hayward Municipal Code (“HMC”) to include the definition of “sideshows” and ability to regulate sideshow spectators, to align with the Legislature’s 2021 adoption of the definition of “sideshow(s)” under Assembly Bill (“A.B.”) No. 3.
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SUMMARY
Under current law, driving unsafely during sideshows is illegal, generally, being a spectator at a sideshow is not. Given the recent rise in the number of dangerous sideshows occurring throughout California, cities and counties have begun creating local ordinances as mechanisms to allow for the regulation of spectators at sideshows. This is because subject matter experts from cities across the country unanimously agree that if spectators can be curbed from attending these events, drivers will either stop holding these extremely dangerous shows or relocate to places they can find an audience.
The City of Hayward already has what is referred to as a “Spectator Ordinance,” (Article 12 of Chapter 4 of the HMC) that allows the City to regulate spectators. However, the current Spectator Ordinance, which was adopted in 2009, is deficient as it only covers spectators who are present at what are commonly known as drag races or speed contests. It does not currently allow for the regulation of spectators at sideshows. The proposed amendments, attached hereto, would cure this deficiency by updating the Spectator Ordinance to include the same definition of “sideshows” used by the Legislature in A.B. 3, introduced recently, in 2021 due to the increased prevalence of sideshows in California.
ATTACHMENTS
Attachment I Staff Report
Attachment II Spectator Ordinance Amendments