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File Number: 24-109 ·Traffic Stops o 1,429 ·Guns Seized o 27 ·Known Sideshows Prevented o 4 Analysis Existing California law makes it a crime to engage in a motor vehicle speed contest on a highway, drive recklessly on a highway, drive recklessly in an off-street parking facility, or exhibit speed on a highway. The California Vehicle Code allows a peace officer to arrest a person and seize their motor vehicle if the peace officer determines that the person engaged in these activities. Police can impound the vehicle for up to 30 days. The proposed ordinance adds a new enforcement tool to the existing code by prohibiting the promotion, preparation for, and participation in sideshows. The ordinance would allow the police department to take action against the small number of individuals who are causing the largest and most dangerous sideshow events. Committee Review and Actions On October 26, 2023, the Department presented the draft ordinance to the City Council Rules Committee. Feedback received from the Committee included requesting advice from the City Attorney’s Office on the constitutionality of an ordinance and explore expanding a required notice to disperse prior to enforcement. Legal Analysis The City Attorney advised upon the draft ordinance to ensure that its language met constitutional muster, including analysis for vagueness. The ordinance is substantially similar to ordinances from other jurisdictions, especially in the definitions of promotion, preparation for and participation in sideshows. The City retains broad enforcement discretion in the exercise of its police power under the proposed ordinance. Financial Impacts There is no new fiscal impact as a result of this ordinance. ATTACHMENTS A - Draft Sideshow Ordinance B - Sideshow Presentation Page 2 City of San Leandro Printed on 3/28/2024