2023/02/14 City Council Ordinance 974 AFFIDAVIT OF POSTING
Pursuant to California Government Code§36933 and§40806
Pursuant to Rohnert Park Municipal Code 1.08.010
STATE OF CALIFORNIA )
ss
County of Sonoma
I, Sylvia Lopez Cuevas, City Clerk for the City of Rohnert Park, declare this is a true and
correct copy of Ordinance No. 974.
ORDINANCE NO, 974, AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROHNERT PARK ENACTING CHAPTER 9.42 OF THE ROHNERT PARK MUNICIPAL
CODE TO PROHIBIT RECKLESS DRIVING EXHIBITIONS, STREET RACING, AND
SIDESHOWS was published on 02/03/2023 and 02/24/2023 as required by law, and posted
in five (5) public places in said City, to:
www.rpcity.orq for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park Senior Center
6800 Hunter Dr A
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on 02/03/2023 and 02/24/2023.
The summary of Ordinance No. 974 was published in the Community Voice on 02/03/2023
and 02/24/2023 as required by law.
Sylvia Lopez Cuevas, City Clerk
Subscribed and sworn to before me this April 18, 2023
Elizabeth Machado, Assistant City Clerk
CERTIFICATION OF PUBLICATION IN FED 1. 0 2023
"The Community VOICE" CITY GLF RK
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance No. 974
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general
circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and
was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the
State of California, in and for the County of Sonoma, Department No. 1 thereof, and as provided by said Section 6000, is published for
the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade,
calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or
denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing
and expressing in general terms, the purport and character of the notice intended to be given; that the "City of Rohnert Park, Summary
of Ordinance No. 974" of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive time(s),
commencing on the 3" of February, 2023 and ending on the 3ra of February, 2023.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED 3`d of February, 2023 at Rohnert Park, California.
Signed
r
Claudia Smith Chief Clerk
SUMMARY OF ORDINANCE NO. 974, AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ROHNERT PARK ENACTING CHAPTER 9.42 OF THE
Pursuant to Government Code Section 36933 (c), the following constitutes a summary
ff Ordinance No. 974 introduced by the Rohnart Park City Council on January 24, 2023
nd scheduled for consideration of adoption on February 14, 2023. Meeting details will
�e posted at least 72 hours prior to the Meeting and can be found an the City's Wehsite
d https:llwww.rpcity.orgfcity._halilcity_councilJmeetkng_central
The purpose of Ordinance No. 974 is to enact Chapter 9.42, entitled "Reckless Driving
?xhibltidns, Street Racing, and Sideshows." The Ordinance would prohibit the follow-
• Particlpating In any street races or "sideshows," which are defined to include
reckless driving exhibitions, or participating In events where 5 or more people
block or impede traffic for purposes of performing vehicle stunts nr speed
contests.
Being knowingly present, within 200 feet of the location where such events are
occurring or specific preparations for such events are occurring, for the purpose
of being a spectator of such event.
Organizing, publicizing, or promoting such illegal street races, reckless driving
exhibitions, and sideshows.
Penalties for violating the ordinance include up to 5 months In jail; or a $1000 fine,
unless the violation was charged as an infraction by the prosecutor.
A certified copy of the full text of Ordinance 974 is posted and available for review ai
Cltv Bail at 130 Avram Avenue, Rohnart Park, California and on the city's webske al
This ordinance shall be in full force and effective 30 days after adoption, and
published and posted as required by law. This ordinance was introduced by the t
of the City of Rohn art Park an January 24, 2023 and is scheduled for consider
adoption on February 14. 2023
Publish Data: Fobruary3, 2023
The Community Voice
CERTIFICATION OF PUBLICATION IN MAR 2 2023
"The Community VOICE"
(Published every Friday) C 17- C
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance No. 974
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn, deposes and says:
That at all times hereinafter mentioned she was a citizen of the United States, over the age of eighteen years and a resident of said
county and was at all said times the principal clerk of the printer and publisher of The Community VOICE, a newspaper of general
circulation, published in the City of Rohnert Park, in said County of Sonoma, State of California; that The Community VOICE is and
was at all times herein mentioned, a newspaper of general circulation as that term is defined by Section 6000 of the Government Code;
its status as such newspaper of general circulation having been established by Court Decree No. 35815 of the Superior Court of the
State of California, in and for the County of Sonoma, Department No. 1 thereof, and as provided by said Section 6000, is published for
the dissemination of local and telegraphic news and intelligence of a general character, having a bona fide subscription list of paying
subscribers, and is not devoted to the interest, or published for the entertainment or instruction of a particular class, profession, trade,
calling, race or denomination, or for the entertainment and instruction of such classes, professions, trades, callings, races or
denominations; that at all said times said newspaper has been established and published in the said City of Rohnert Park, in said County
and State at regular intervals for more than one year preceding the first publication of this notice herein mentioned; that said notice was
set in type not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil, describing
and expressing in general terms, the purport and character of the notice intended to be given; that the "City of Rohnert Park, Summary
of Ordinance No. 974" of which the annexed is a printed copy, was published in said newspaper at least 1 consecutive time(s),
commencing on the 24th of February, 2023 and ending on the 241h of February, 2023.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED 24' of February, 2023 at Rohnert Park, California.
Sigped
il Z-dl�iZ'�
Claudia Smith Chief Clerk
"9
ff
m
m
e�
19M
—��
Z ca
F-
o�
� �-
O= �_
N
�a E
ro
m
N
3
...
CV
o
m
a
Q
-�
V
W S W
LLFC7y
-
_-
m
O
_
o
Oo
a
R O
m,
V
=
O
Oy,.
:E m-o
o
c
mCco
vNy v
rn C)
WS
0
.m
O
� ot(A
E Q
o
mfm
CO
._
Us
w,g
e
wmtu
nEC7SZ
Mmm
y
of
Cc C3 d C7
u R t
O m
w �' O-
o u
ZZ�C.D
�Cm
m~'
_, 0
-2
=0
=u
.1-M
mrN
go
r
a Y O
m O
rl
3
❑$ b
O
N N C
C�
O N
C�
C n• [S
C 3 N
3
W
�GCOH
-ccC.3
W
lC
= E
0
o
rmn 0
tl=
cco�
r.qt
Ec
c
�ma
"'
O
�Y.�H. E
v m
�v
F
auo
T32LO
0.
`oo
`_°
Gm
Ora
`off
c
=y'
a 0
mo
ZLUdC
N
.,M=
-o
`sr�
'g
5.
E1O
W ZC?O�
Z S Z Z
Aia �4ev
U a .fe
zc
N R
_
Ott
wco
0:3
NL
o®
m
.m.3u6
-_
0
C `x
•C� m m m
e
N
Z Cr H
T M
me
m C
p m r`.
_O
N
to m
�C
!r1
C
N a
N 1 0
O V 0 0 0
C.72 Zz
N
CLLYm
EC
m^�
vci
cis
m a Q m
rnd
3 c
-Z
c
EZ
o m Q
mmm>
y N L m
G Z'm
`
LL d X
So v'��p
Ow
o m
""..v o
rn
WA
c
.7
aaI
: i� �
o0o
o
m�
O V F W
r30c
w
uw00
�e 'C C_
�+m
om
UeV
=c'6E
O
� U-
i W W
O S L
d 0
m
O C
Q N
O' �yy
W u O N
Q=.
C t O,t �
W m
OI �
O
T
2
� ... 7
C O
_0 N C
FF Z
N C
O
ac LL=
c O O
rOYR
9f Q
RO
QiS] w
m80
O
r =
m N'•'
8yN0
w=L
j;i fn WF
W W NN
,� of
L o
.O
mC:
=m
Q
a=�
no =
a Zaa
m a�
y
m4
W •
=
Ur
a='�
G dc�-
ORDINANCE NO. 974
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK
ENACTING CHAPTER 9.42 OF THE ROHNERT PARK MUNICIPAL CODE TO
PROHIBIT RECKLESS DRIVING EXHIBITIONS, STREET RACING, AND
SIDESHOWS
WHEREAS, sideshows are gatherings, processions or assemblages where persons in
vehicles engage in reckless stunts and maneuvers on city streets, sidewalks and other public
places in the presence of spectators; and
WHEREAS,the history of sideshows in Sonoma County and other Bay area
jurisdictions indicates that these activities place residents, other drivers and spectators in danger
of injury or death; promote and cause disorderly conduct, vandalism and unruly behavior; incite
violence and create imminent threats to public safety and order; and
WHEREAS, sideshows and the spectators who are attracted to them cause chaos and
confusion in the neighborhoods by interfering with pedestrian and vehicular traffic and by
creating a situation where residents and members of the public feel threatened and intimidated;
and
WHEREAS,the participation of spectators in sideshows fuels these activities and create
an environment which allows these activities to flourish and spectators facilitate and aid and abet
in these activities by standing in the streets, blocking sidewalks, shouting, playing loud music
and engaging in unruly behavior; and
WHEREAS, sideshows endanger not only the health and safety of the participants and
spectators, who may be struck by recklessly driven motor vehicles, but also members of the
general public, who may be impacted by traffic caused by such events as well as the diversion of
public safety personnel to such events;
NOW THEREFORE,the City Council of the City of Rohnert Park does ordain as
follows:
Section 1. Recitals. The above recitals are adopted as findings of the City Council in
enacting this ordinance.
Section 2. Enactment of Chapter 9.42—Chapter 9.42 of the Rohnert Park Municipal
Code is hereby enacted to read in its entirety as follows:
Chapter 9.42 - RECKLESS DRIVING EXHIBITIONS, STREET RACING,AND
SIDESHOWS
9.42.010—Definitions.
For purposes of this chapter, the following definitions shall apply:
A. "Offstreet parking facility"means any offstreet facility held open for use by the public
for parking vehicles and includes any publicly owned facilities for offstreet parking, and
privately owned facilities for offstreet parking where no fee is charged for the privilege to park
and which are held open for the common public use of retail customers.
B. "Participant" means any individual driving a vehicle that is used in a reckless driving
exhibition, a street race, or a sideshow.
C. "Passenger" means any individual riding in a vehicle which is used in a reckless
driving exhibition, a street race, or a sideshow.
D. "Preparations" shall mean the performance of any of the following acts, while a
gathering of 5 or more persons have been assembled, at a public street, highway, or offstreet
parking facility:
1. Impeding the free public use of a public street, highway, or offstreet parking facility by
acts or physical barriers for the purpose of facilitating or participating in a sideshow, street race
or reckless driving exhibition;
2. The lining up of two or more motor vehicles on a public street, highway, or offstreet
parking facility with motors running, for the purpose of facilitating, participating in or observing
a sideshow, street race or reckless driving exhibition;
3. Revving a motor vehicle's engine or causing the motor vehicle's tires to spin for the
purpose of facilitating or participating in a sideshow, street race or reckless driving exhibition; or
4. Standing or sitting in a position opposite or adjacent to more than one motor vehicle, in
order to act as a race starter for the purpose of facilitating or participating in a sideshow, street
race or reckless driving exhibition.
F. "Reckless driving exhibition" shall mean the driving of any vehicle in a manner that
can be defined as reckless driving as referred to in California Vehicle Code Section 23103, as
may be amended.
G. "Scene" shall mean the location of any sideshow, street race or reckless driving
expedition or the location of the preparations for the sideshow, street race or reckless driving
expedition.
H. "Sideshow" shall mean any exhibition of reckless driving referred to in California
Vehicle Code Section 23103, as may be amended, and shall also mean any event in which five or
more persons acting together block or impede traffic on a highway or offstreet parking facility,
for the purpose of performing motor vehicle stunts, motor vehicle speed contests, motor vehicle
exhibitions of speed, or exhibitions of reckless driving.
I. "Spectator" shall mean any person who is present, within two hundred (200) feet of the
location of a sideshow, street race or reckless driving exhibition, or the location of preparations
for such events, for the purpose of viewing or witnessing any such event as it progresses.
J. "Street race"means any motor vehicle speed contest or motor vehicle exhibition of
speed as defined in subdivisions (a) and (c) of California Vehicle Code Section 23109, as may be
amended.
9.42.020—Participating in sideshows, street races, and reckless driving exhibitions
prohibited.
It shall be unlawful for any person to:
A. Knowingly participate as a driver at a sideshow, street race or reckless driving
exhibition conducted on a public street or highway or in an offstreet parking facility; or
Ordinance No. 974
Page 2
B. Be knowingly present as a passenger at a sideshow, street race or reckless driving
exhibition conducted on a public street or highway or in an offstreet parking facility.
9.42.030— Spectators at sideshows, street races, and reckless driving exhibitions
prohibited.
It shall be unlawful for any person to:
A. Be knowingly present as a spectator at a sideshow, street race or reckless driving
exhibition conducted on a public street or highway or in an offstreet parking facility.
B. Be knowingly present as a spectator where preparations are being made for a
sideshow, street race or reckless driving exhibition conducted on a public street or highway or in
an offstreet parking facility.
Nothing in this chapter prohibits peace officers, medical professionals, firefighters or their agents
who are acting in the course of their official duties from being present at or responding to a
sideshow, street race or reckless driving exhibition, or being present at the location of
preparations for any such events.
9.42.040—Promoting, organizing, or facilitating sideshows, street races, and reckless
driving exhibitions prohibited.
It shall be unlawful for any person to knowingly organize, promote, facilitate, publicize, or aid in
the gathering of persons to serve as spectators at a sideshow, street race or reckless driving
exhibition on a public street, highway, or in an offstreet parking facility.
9.42.050—Penalties for violations.
Any person who violates this chapter is guilty of a misdemeanor subject to a maximum of
six (6) months in jail and a fine of$1,000.00, unless at the discretion of the prosecuting city
attorney or district attorney, the violation is reduced to an infraction.
Section 3. Environmental Review. The City Council finds the approval of this
ordinance is exempt under Section 15061(b)(3) of the CEQA Guidelines because it can be seen
with certainty that there is no possibility that the adoption of this ordinance may have a
significant effect on the environment.
Section 4. Severability. The City Council hereby declares that every section,
paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph,
sentence, clause or phrase of this ordinance is for any reason found to be invalid or
unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or
constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.
Section 5. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption.
Section 6. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
Ordinance No. 974
Page 3
This ordinance was introduced on January 24, 2023 and adopted by the Council of the City
of Rohnert Park on February 14, 2023, by the following roll call vote:
AYES: (5) 1 w rd CD i UtA i ce, &AA 0'✓l, Nv qA to jolt it rarrUw1& mac{ 1 dylol) .
NOES: CO) ,,o
ABSENT:() 2p✓t)
ABSTAIN: 06) z.
CITY OF ROHNERT PARK
Sam a Rodriguez, Mayo
ATTEST:
1a '1
Sylvia Lopez Cuevas, C y Clerk
• .'PROVED,• I • ORM:
Tirchelle Marchetta enyon, City Attorney
Ordinance No. 974
Page 4