HomeMy WebLinkAbout04 - Adding Chapter 12.70 (Prohibition on Attending Street Races and Reckless Driving Exhibitions) to Title 12 (Vehicles and Traffic) of the NBMCQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
June 24, 2025
Agenda Item No. 4
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David Miner, Chief of Police - 949-644-3701, dminer@nbpd.org
PREPARED BY: David Spenser, Sergeant - 949-644-3744, dspenser@nbpd.org
TITLE: Ordinance 2025-9: Adding Chapter 12.70 (Prohibition on Attending
Street Races and Reckless Driving Exhibitions) to Title 12 (Vehicles
and Traffic) of the Newport Beach Municipal Code, to prohibit
spectators from being present at street races and reckless driving
exhibitions in Newport Beach
ABSTRACT:
For the City Council's consideration is the introduction of an ordinance to amend the
Newport Beach Municipal Code (NBMC), Title 12 (Vehicles and Traffic), to add
Chapter 12.70 (Prohibition on Attending Street Races and Reckless Driving Exhibitions)
to prohibit spectators from being present at street races and reckless driving exhibitions
conducted on a public street, road or highway or in an off-street parking facility in
Newport Beach.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Conduct second reading and adopt Ordinance No. 2025-9: An Ordinance of the
City Council of the City of Newport Beach, California, Adding Chapter 12.70
(Prohibition on Attending Street Races and Reckless Driving Exhibitions) to Title 12
(Vehicles and Traffic) of the Newport Beach Municipal Code.
DISCUSSION:
At its June 10, 2025 meeting, the City Council introduced and passed to second reading
Ordinance No. 2025-9. The ordinance would prohibit spectators from being present at
street races and reckless driving exhibitions within the City of Newport Beach. If adopted,
the ordinance would become effective July 24, 2025.
Over the past several years, streets and off-street parking areas in Newport Beach have
increasingly become hotspots for illegal street racing, "sideshows" (taking over
intersections or parking lots for high-speed burnouts and racing), and motorcycle stunts.
These activities have led to a surge in complaints to the Newport Beach Police
Department.
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Ordinance 2025-9: Adding Chapter 12.70 (Prohibition on Attending Street Races and
Reckless Driving Exhibitions) to Title 12 (Vehicles and Traffic) of the NBMC, to
prohibit spectators from being present at street races and reckless driving exhibitions
June 24, 2025
Page 2
Rapidly organized and promoted through social media, these events attract crowds
ranging from dozens to hundreds of spectators, creating serious traffic safety hazards
and diminishing the community's quality of life. In addition to posing immediate risks to
public health and safety, these gatherings frequently cause extensive damage (often
totaling thousands of dollars) to public roadways and both public and private parking
facilities.
To enhance roadway safety, the Newport Beach Police Department Traffic Division has
conducted numerous targeted enforcement operations focused on modified vehicles
involved in illegal speed contests and organized street takeovers or sideshows. These
events frequently attract large crowds of spectators who, while not directly participating
in the illegal activities defined by the California Vehicle Code (CVC), still contribute to the
hazardous environment. Spectators often flood into the streets, blocking roadways to
facilitate the dangerous driving, and/or creating significant risks for uninvolved motorists.
Their presence can delay police response and many spectators film the activities for
social media or use police scanners and electronic communication to help drivers evade
arrest.
While the CVC criminalizes both reckless driving and participating in speed contests, it
does not currently prohibit spectators at these events. To address this gap, a new
municipal code chapter is proposed to ban spectator attendance at illegal street races
and reckless driving exhibitions. The Newport Beach Police Department recommends
amending NBMC Title 12 (Vehicles and Traffic) by adding Chapter 12.70 (Prohibition on
Attending Street Races and Reckless Driving Exhibitions) to formally define and prohibit
spectators at these events within city limits. Once enacted, this ordinance would allow
officers to issue citations to spectators, either as misdemeanor or administrative (civil)
fines, providing an additional tool to proactively protect public safety and reduce
community disruption.
FISCAL IMPACT:
There is no fiscal impact related to this item
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
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Ordinance 2025-9: Adding Chapter 12.70 (Prohibition on Attending Street Races and
Reckless Driving Exhibitions) to Title 12 (Vehicles and Traffic) of the NBMC, to
prohibit spectators from being present at street races and reckless driving exhibitions
June 24, 2025
Page 3
ATTACHMENT:
Attachment A — Ordinance No. 2025-9 An Ordinance of the City Council of the City of
Newport Beach, California, Adding Chapter 12.70 (Prohibition on Attending Street Races
and Reckless Driving Exhibitions) to Title 12 (Vehicles and Traffic) of the Newport Beach
Municipal Code.
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ATTACHMENT A
ORDINANCE NO. 2025- 9
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF NEWPORT BEACH, CALIFORNIA, ADDING CHAPTER
12.70 (PROHIBITION ON ATTENDING STREET RACES
AND RECKLESS DRIVING EXHIBITIONS) TO TITLE 12
(VEHICLES AND TRAFFIC) OF THE NEWPORT BEACH
MUNICIPAL CODE
WHEREAS, Section 200 of the City Charter, of the City of Newport Beach
("City"), vests the City Council with the authority to make and enforce all laws, rules and
regulations with respect to municipal affairs subject only to the restrictions and
limitations contained in the City Charter and the State Constitution, and the power to
exercise, or act pursuant to any and all rights, powers, and privileges or procedures
granted or prescribed by any law of the State of California;
WHEREAS, motor vehicle speed contests, exhibitions of speed, and reckless
driving are unlawful pursuant to California Vehicle Code Sections 23103 et seq. and
23109 et seq.;
WHEREAS, individuals frequently obstruct public streets, sidewalks, and off-
street parking facilities in advance of these unlawful activities to conduct "sideshows,"
which include the unlawful takeover of intersections or parking lots for purposes such as
high-speed burnouts and motorcycle stunts;
WHEREAS, these unlawful activities are typically organized with little notice and
promoted via social media platforms, attracting large crowds of spectators, which in turn
significantly impair traffic flow, compromise public safety, and diminish the quality of life
for residents of Newport Beach;
WHEREAS, high-speed collisions and loss of vehicle control during these illegal
activities often result in damage to roads, traffic signals, streetlights, medians, and
signage;
WHEREAS, the California Vehicle Code only criminalizes street racing,
exhibition of speed and reckless driving, and does not currently provide a mechanism to
address or penalize people who are spectators attending these events and observing
these illegal activities; and
WHEREAS, to address this gap in enforcement authority and proactively
safeguard the health, safety, and welfare of the public, it is necessary to amend the
Municipal Code to prohibit attendance at street races and reckless driving exhibitions
within Newport Beach.
Ordinance No. 2025-
Page 2 of 6
NOW THEREFORE, the City Council of the City of Newport Beach ordains as
follows:
Section 1: The City Council hereby adds Chapter 12.70 (Prohibition on
Attending Street Races and Reckless Driving Exhibitions) to Title 12 (Vehicles and
Traffic) of the Newport Beach Municipal Code, which shall read as follows:
Chapter 12.70
PROHIBITION ON ATTENDING STREET RACES AND
RECKLESS DRIVING EXHIBITIONS
Section
12.70.010 Purpose and Findings.
12.70.020 Definitions.
12.70.030 Prohibition on Attending a Street Race or Reckless Driving
Exhibition.
12.70.040 Proving a Violation - Attendance at a Street Race or Reckless
Driving Exhibition.
12.70.010 Purpose and Findings.
The City Council hereby finds and declares as follows:
A. Under California Vehicle Code Sections 23103 et seq. and 23109 et seq., speed
contests, exhibitions of speed, and reckless driving on public streets, highways, and off-
street parking facilities are illegal. These activities often include pre -race "sideshows"
and motorcycle "stunting," where individuals block streets or parking lots to perform
reckless maneuvers. Such events have increasingly occurred throughout Newport
Beach in recent years.
B. Street races, sideshows, and motorcycle stunts pose serious threats to public safety,
disrupt traffic, create public nuisances, and negatively impact local businesses.
Participants and spectators typically gather late at night or early morning, blocking
roadways, placing wagers, and facilitating or encouraging illegal racing.
C. Illegal racers often drive at dangerous speeds without regard for public safety,
quickly relocate to evade law enforcement, and use social media and electronic
communication to organize and avoid detection. These events have led to an increased
number of accidents, property damage, and police calls. Spectators contribute to the
continuation of these activities by fostering an environment that supports and
emboldens unlawful conduct.
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Ordinance No. 2025-
Page 3 of 6
12.70.020 Definitions.
For the purpose of this chapter, the following definitions shall apply:
A. "Street race" or "street racing" means any speed contest or exhibition of speed
referred to in California Vehicle Code section 23109.
B. "Reckless driving exhibition" means any exhibition of reckless driving referred to in
California Vehicle Code section 23103.
C. "Off-street parking facility" has the same meaning as set forth in subdivision (c) of
California Vehicle Code section 12500 and includes any public or private parking facility
open and accessible to members of the public.
D. "Scene" means the location of a street race or reckless driving exhibition or the
location of the preparations for a street race or reckless driving exhibition.
E. "Spectator" means any person who is present at a street race or reckless driving
exhibition, or the site of the preparations for either of these activities, for the purpose of
viewing, observing, watching, or witnessing the event as it progresses. A spectator
includes any person at the location of the event without regard to how the person
arrived.
F. A person is "present" at a street race or reckless driving exhibition if that person is
within two hundred (200) feet of the location of the street race or reckless driving
exhibition, or within two hundred (200) feet of the site of the preparations for either of
these activities.
G. "Preparations" for any street race or reckless driving exhibition include, but are not
limited to, any of the following acts done for the purpose of a street race or reckless
driving exhibition:
1. One (1) or more motor vehicles and people have arrived or gathered at a
predetermined scene;
2. One (1) or more people have gathered for a sideshow, motorcycle stunting or
other exhibition in conjunction with a street race or reckless driving exhibition;
3. One (1) or more people have impeded the use of a public street, road,
highway or sidewalk, or off-street parking facility by acts, words or physical barriers;
4. One (1) or more motor vehicles have lined up at the scene with motors
running;
Ordinance No. 2025-
Page 4 of 6
5. One (1) or more driver is revving a motor vehicle's engine or causing the
motor vehicle's tires to spin; or
6. A person is standing or sitting in a location for the purpose of acting as a race
starter.
12.70.030 Prohibition on Attending a Street Race or Reckless Driving Exhibition.
It shall be unlawful for any person to knowingly:
A. Be present as a spectator at a street race or reckless driving exhibition conducted on
a public street, road, or highway or in an off-street parking facility; or
B. Be present as a spectator where preparations are being made for a street race or
reckless driving exhibition conducted on a public street, road, or highway or in an off-
street parking facility.
Nothing in this section prohibits attendance at an event for which a special event permit
has been issued by the City, or for City employees, or their agents, acting in the course
of and scope of their official duties, from being spectators at a street race or reckless
driving exhibition or a location where preparations for these activities are occurring.
12.70.040 Proving a Violation - Attendance at a Street Race or Reckless Driving
Exhibition.
Notwithstanding any other provision of law, to prove a person was knowingly present as
a spectator, as set forth in Section 12.70.030, admissible evidence may include, but is
not limited to, any of the following:
A. That the person charged:
1. Has previously participated in or been a spectator at a street race or reckless
driving exhibition;
2. Has previously aided and abetted street racing or a reckless driving
exhibition;
3. Has previously attended a street race or reckless driving exhibition; or
4. Was previously present at a scene where preparations were being made for a
street race or reckless driving exhibition, or where a street race or reckless driving
exhibition was in progress.
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Ordinance No. 2025-
Page 5 of 6
B. That, based on a totality of the circumstances, the evidence shows that the person
knew they were present as a spectator, which circumstances may include, but are not
limited to, the following:
1. The time of day;
2. The nature and description of the scene, including the number and
configuration of traffic lanes;
3. The number of people at the scene;
4. The location of the person charged in relation to any person or group of
people present at the scene;
5. The number and types of motor vehicles at the scene;
6. The presence of motor vehicles at the scene that have been modified or
altered to increase power, handling, or visual appeal; or
7. The person charged admitted to being a spectator at a street race or reckless
driving exhibition.
Section 2: The recitals provided in this ordinance are true and correct and are
incorporated into the substantive portion of this ordinance.
Section 3: If any section, subsection, sentence, clause or phrase of this
ordinance is for any reason held to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of the remaining portions of this ordinance. The
City Council hereby declares that it would have passed this ordinance and each section,
subsection, sentence, clause or phrase hereof, irrespective of the fact that any one or
more sections, subsections, sentences, clauses or phrases be declared invalid or
unconstitutional.
Section 4: The City Council finds the introduction and adoption of this
ordinance is not subject to the California Environmental Quality Act ("CEQA") pursuant
to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable
indirect physical change in the environment) and 15060(c)(3) (the activity is not a
project as defined in Section 15378) of the CEQA Guidelines, California Code of
Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly.
Ordinance No. 2025-
Page 6 of 6
Section 5: Except as expressly modified in this ordinance, all other sections,
subsections, terms, clauses and phrases set forth in the Newport Beach Municipal Code
shall remain unchanged and shall be in full force and effect.
Section 6: The Mayor shall sign and the City Clerk shall attest to the passage
of this ordinance. The City Clerk shall cause the ordinance, or a summary thereof, to be
published pursuant to City Charter Section 414. This ordinance shall be effective thirty
(30) calendar days after its adoption.
This ordinance was introduced at a regular meeting of the City Council of the City
of Newport Beach held on the 10th day of June, 2025, and adopted on the 24th day of
June, 2025, by the following vote, to -wit:
AYES:
NAYS:
ABSENT:
Joe Stapleton, Mayor
ATTEST:
Leilani I. Brown, City Clerk
APPROVED AS TO FORM:
CITY A TORNEY'S OFFICE
ff
AalrM C. Harp, City Attorney
dos .Angeles Time's
l E D I
G R O U P
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Orange
I am a citizen of the United States and a resident of the County
aforesaid; I am over the age of eighteen years, and not a party to or
interested in the action for which the attached notice was published.
I am a principal clerk of the Newport Harbor News Press Combined
With Daily Pilot, which was adjudged a newspaper of general
circulation on June 19, 1952, Cases A24831 for the City of Newport
Beach, County of Orange, and State of California. Attached to this
Affidavit is a true and complete copy as was printed and published
on the following date(s):
Jun 28, 2025
I certify (or declare) under penalty of perjury that the foregoing is true
and correct.
Dated at Fountain Valley, California on this 1st day of July, 2025.
[signature]
10540 Talbert Avenue
Fountain Valley, CA 92708
8003697 - Newport Harbor News Press Combined With Daily Pilot
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dos .Angeles
ME D I A G
Cnlrl Tn-
R 0 U P
City of Newport Beach - CA11072031
100 Civic Center Dr
Newport Beach,CA 92660-3267
Bill To:
City of Newport Beach - CA11072031
100 Civic Center Dr
Newport Beach,CA 92660-3267
CITY OF NEWPORT BEACH
PUBLIC NOT€CE
ORDINANCE SUMMARY
NGTICE 15 HEREBY GIVEN that on June 24, 2025,
the City Council of the City of Ntvrpon Beach,
Califomia, adopted an Ordinance entitled;
[*�:f I►Ilr'T�1 r' C+1 � � I:■]F��}1r1�:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH, CALIFORNIA,
ADDING CHAPTER 12.70 (PROHIBITION ON
ATTENDING STREET RACES AND RECKLESS
DRIVING EXHIBITIONS) TO TITLE 12 (VEHICLES
AND TRAFFICI OF THE NEWPORT REACH
UNICIPALCODE
The Ordinance would prohibit spectators from
being present at street races and recklem driving
exhlbltlon5 conducted on a public street, road or
highway or in an off-street parking facility In
Newport Beach.
This Ordonance was adopted by the City Council
of the City of Newport Bead, California, at a
regular meeting thereof on the 24th day of June,
2025, by the follasving vote;
AYES, Mayor Joe Stapleton, Mayor Pro Tem
Lauren Kleiman, Councilmember
Michelke Marto. Councilmernber Noah
Biomr Countilmr*mber Robyn Grant.
Councilmernber Sara J. Weber.
Councilmernber Erik Weigand
NAYS: Norge
The ordinance will became fir}al and effective 30
days after adoption.
Publication Date; June 28, 2025
sfs Molly Perry, Interim City C lerk
8003697 - Newport Harbor News Press Combined With Daily Pilot
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