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HomeMy WebLinkAboutItem 09 - Street RacingMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: MARCH 7, 2023 SUBJECT: APPROVAL OF STREET RACING AND RECKLESS DRIVING EXHIBITION ORDINANCE RECOMMENDATION: City Council approve an amendment to the Code of Ordinances for the City of Grapevine, Chapter 23, Traffic, Article Il, Operation of Vehicle by adding a new section, Section 23-38, Street Racing and Reckless Driving Exhibition, and take any necessary action. FUNDING SOURCE: N/A BACKGROUND: The Dallas/Fort Worth area has experienced, on multiple occasions, groups of bystanders, supporters, and dangerously driven motor vehicles as they take over and block intersections and roadways, impede the normal flow of vehicular traffic, and drive extremely dangerously and recklessly, all for the purpose of entertainment. Many of the onlookers actively participate by capturing the event on video and then posting the video to the internet. These events, often pre -planned to gather a large group of spectators and participants, are disruptive to the adjacent motoring public and neighborhoods, they are extremely dangerous, and pose a significant safety risk to all nearby and responding police officers. While Texas law can address the driver, the law does not provide prohibitions against those that gather to witness and video the event, nor does it prohibit those who assist in facilitating the reckless event. The Department has developed an ordinance that, if approved, will prohibit any person(s) from knowingly being present and participating at such an event as a supporter and/or will prohibit any person to allow street racing, reckless driving exhibitions, or preparations for street racing and/or reckless driving exhibitions to occur on their premises. Dangerous driving behaviors are prohibited by State law. The proposed ordinance also allows for the the abatement and seizure of motor vehicle(s) used in violation of this ordinance. The abatement and seizure process of the proposed ordinance also ensures oversight and judicial review before finalizing any seizure. Recommendation is for approval. ORDINANCE NO. 2023-011 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING THE CODE OF ORDINANCES OF THE CITY OF GRAPEVINE, AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 23, TRAFFIC, ARTICLE II, OPERATION OF VEHICLES BY ADDING A NEW SECTION 23-38, STREET RACING AND RECKLESS DRIVING EXHIBITION, CITY OF GRAPEVINE, TEXAS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine, Texas (the "City"), is a home rule municipality and is authorized to enact regulations as necessary to protect the health, safety, and welfare of the public and, may enact ordinances relative to its citizens' health, safety, and welfare that are not inconsistent with the Constitution and laws of the State, and WHEREAS, the City is authorized by law to adopt the provisions contained herein, and has complied with all the prerequisites necessary for the passage of this ordinance; and WHEREAS, all statutory and constitutional requirements for the passage of this ordinance have been adhered to, including but not limited to the Open Meetings Act; and WHEREAS, the purpose of this ordinance is to promote the public health, safety, and general welfare of the citizens of the City of Grapevine. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Grapevine, Texas: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That, the Code of Ordinances of the City of Grapevine, CHAPTER 23, TRAFFIC, ARTICLE II, Operation of Vehicle is amended by adding a new section 23-38, Street Racing and Reckless Driving Exhibition and shall read as follows: Section 23-38, Street Racing and Reckless Driving Exhibition Section 1. DEFINITIONS. When used in this article, the following words and phrases shall have the meanings ascribed in this section: a. Days. Calendar days including weekends and holidays. b. Department. The Grapevine, Texas Police Department. c. Department designee. An appointed representative and fulltime member of the Grapevine, Texas Police Department responsible for compliance with this ordinance. d. Off-street parking facility. Any public or private off-street parking area open for use by the public for parking vehicles, other than a private residential property or the parking area of a garage or parking lot for which a charge is made for the storing or parking of vehicles. e. Preparations. For a street race or reckless driving exhibition include, but are not limited to, any of the following acts done for the purpose of causing a street race or reckless driving exhibition: 1. One or more motor vehicles and/or persons to gather at a predetermined location on a public street, highway, or off-street parking facility; 2. One or more persons gathered on, or adjacent to, a public street or highway; 3. One or more persons gathered in an off-street parking facility; 4. One of more persons impeding the free public use of a public street, highway, or off-street parking facility by acts, words, and/or physical barriers; 5. One or more motor vehicles aligned on a public street, highway, or off-street parking facility, impeding the free public use of a public street, highway, or off-street parking facility and/or being a physical barrier; 6. One or more drivers revving a motor vehicle's engine and/or causing the motor vehicle's tires to spin; and/or 7. A person standing and/or sitting in a location to act as a race starter. f. Reckless driving exhibition. Any exhibition of reckless driving as defined in Section 545.401 of the Texas Transportation Code, as amended. g. Spectator. Any person(s) who is present at a street race, reckless driving exhibition and/or the site of the preparations for either of these events, when such a person attends for the purpose of viewing, observing, watching, betting, gambling, recording, transmitting, and/or witnessing the event as it progresses. Ordinance No. 2023-011 2 h. Street race. Any motor vehicle race, speed contest, drag race, acceleration contest, or the test of physical endurance of the operator of a motor vehicle as defined in Section 545.420 of the Texas Transportation Code, as amended. Section 2. SPECTATORS PROHIBITED AT STREET RACES AND RECKLESS DRIVING EXHIBITIONS. (a) In general. It shall be unlawful for any person(s) to be present as a spectator: (1) At a street race conducted on a public street or highway; (2) At a reckless driving exhibition conducted on a public street, highway, or off-street parking facility; (3) Where preparations are being made for a street race conducted on a public street or highway; or (4) Where preparations are being made for a reckless driving exhibition conducted on a public street, highway, or in an off-street parking facility. (b) Exemption. Nothing in this section prohibits law enforcement officers or their agents, who are acting in the course of their duties, or media or news personnel, who are reporting on the event, from being spectators at a street race or reckless driving exhibition, or spectators at the location of preparations for either of these activities. Section 3. AIDING STREET RACING AND RECKLESS DRIVING EXHIBITIONS. A person commits an offense if the person allows street racing, reckless driving exhibitions, or preparations for street racing and/or reckless driving exhibitions to occur on the premises that the person owns, operates or controls. Section 4. VIOLATION (a) Any person who violates any provision of this article is guilty of an offense. (b) An offense under this article is punishable by a criminal fine of not more than $500. (c) A culpable mental state is not required for the commission of an offense under this chapter unless the provision defining the conduct expressly requires a culpable mental state. Ordinance No. 2023-011 3 (d) It is a defense to prosecution under this section if the person, who owns, operates, or controls the premises, within ten (10) days of receiving a citation pursuant to this section: (1) Submits a criminal trespass affidavit; and (2) Takes reasonable and appropriate measures to make the property inaccessible to the public during non -business hours. Section 5. DECLARATION AND SEIZURE OF NUISANCE VEHICLES A motor vehicle shall be declared a nuisance and seized subject to this section if: (a) The motor vehicle is used in a street race or exhibition of reckless driving; (b) The driver or passenger is one of the following; (1) The registered owner of the vehicle at the time of the violation; (2) A member of the registered owner's immediate family at the time of the violation; or (3) Lives at the same address as the registered owner at the time of the violation; and (c) The driver or passenger described in Paragraph (2) has: (1) Used the motor vehicle in a previous incident for a street race or reckless driving exhibition; (2) Used the motor vehicle in a street race or reckless driving exhibition that resulted in property damage or bodily injury to another; (3) A previous misdemeanor conviction for fleeing or attempting to elude a law enforcement officer pursuant to Section 545.421 of the Texas Transportation Code; (4) A previous misdemeanor conviction for reckless driving pursuant to Section 545.401 of the Texas Transportation Code; or (5) A previous misdemeanor or felony conviction for racing on highway pursuant to Section 545.420 of the Texas Transportation Code. Section 6. NOTICE OF NUISANCE AND SEIZURE TO LEGAL AND REGISTERED OWNERS AND LIENHOLDERS Ordinance No. 2023-011 4 (a) In general. When a street racing or reckless driving exhibition violation occurs causing a vehicle to be declared a nuisance and subject seizure under this division, the Department's designee shall ascertain from the Texas Department of Motor Vehicle the name(s) and address(es) of all legal and registered owner(s) and any Iienholder of record of the vehicle. (b) Notice of nuisance and seizure. The Department's designee shall send a notice, by certified mail, return receipt requested, to all legal and registered owner(s) and any Iienholder of record of the vehicle proposed for seizure. The notice shall be sent to the addresses obtained from the Texas Department of Motor Vehicle. (c) Personal service of notice of nuisance and seizure. If a legal or registered owner(s) or Iienholder of record was personally served a notice at the time of the violation which caused a vehicle to be subject to seizure under this division, and the notice contains all the information required to be provided by this section, no further notice is required to be sent to that owner. However, a notice must still be sent to any other current legal or registered owner(s) or Iienholder of record of the vehicle, if any. (d) Contents of the notice. The notice must contain the following- (1) Statement informing legal and registered owner(s) and any Iienholder of record of the vehicle that the vehicle will be declared a nuisance and seized by the City subject to Chapter 23, of the City Code, and will be sold or otherwise disposed of pursuant to this division; (2) A description of the vehicle including, if available, the year, make, model, license plate number, and vehicle identification number; and (3) Instructions for filing a response opposing the nuisance and seizure with the Municipal Court and the time limits for filing the response. Section 7. ADMINISTRATIIVE SEIZURE OF NUISANCE VEHICLE (a) If no responses opposing the nuisance and seizure are filed and served within fifteen (15) days of the mailing of the notice PURSUANT to Section 23-38 (6) (d) or within five (5) days of personal service of the notice pursuant to Section 23-38 (6) (d), the City Attorney shall submit a motion for default judgment in the Municipal Court for the nuisance and seizure of the vehicle by the City. (b) A copy of the motion and order of the nuisance and seizure must be provided on written request to any person informed of the pending seizure pursuant to Section 23-38 (6) (d). (c) A response opposing the seizure that is filed and later withdrawn by the claimant will be deemed to not have been filed. Ordinance No. 2023-011 5 Section 8. JUDICIAL SEIZURE OF NUISANCE PROCEEDINGS (a) If a response opposing seizure is timely filed in the Municipal Court, then the City Attorney shall file a petition for nuisance and seizure with the Municipal Court within ten (10) days of the receipt of the response. (b) The City Attorney shall request a hearing date and send notice to the legal or registered owner and any lienholder of record. (c) The court filing fee established by the Court, not to exceed $50.00, shall be paid by the claimant made payable to the City, but shall be reimbursed by the City if the claimant prevails. (d) The filing of a response opposing seizure within the time limit specified in this section is considered a jurisdictional prerequisite for initiating a nuisance and seizure proceeding. A proceeding in the civil case is a limited civil case. The City Attorney shall have the burden of proof that the vehicle constituted a nuisance pursuant to this chapter by a preponderance of the evidence. All questions that may arise must be decided by the Municipal Court and all other proceedings must be conducted as in an ordinary civil action. A judgement of seizure does not require as a condition precedent the conviction of a defendant for the current violation which gave rise to the nuisance and caused these seizure proceedings to be initiated. Section 9. JOINT PROPERTY INTEREST RELEASE If, at the time of the violation, there is a joint property interest in the vehicle to be seized and, at the time of the violation, the vehicle is the only vehicle available to the registered owner's immediate family that may be operated with a valid class C driver's license, the vehicle may not be seized upon compliance with all the following requirements- (1) The registered owner or the joint property interest owner requests release of the vehicle and the owner of the joint property interest submits proof of that interest; (2) The registered owner or the joint property interest owner submits proof that the vehicle is properly registered pursuant to the Texas Transportation Code; (3) All towing and storage charges and any administrative charges authorized pursuant to Section 2303.155 of the Texas Administrative Code and Section 23-38 of the Grapevine City Code are paid; and (4) The registered owner and the joint property interest owner sign a stipulated vehicle release agreement, as described in Section 23-38 (10), in consideration for the release of the vehicle. Ordinance No. 2023-011 6 Section 10. STIPULATED VEHICLE RELEASE AGREEMENT (a) A stipulated vehicle release agreement must provide for the consent of the signers to the automatic future seizure and transfer of title to the City of any vehicle registered to that person if the vehicle is used in a street race or exhibition of reckless driving. The agreement must be in effect for five (5) years from the date of signing and must be maintained in the City's archive. (b) No vehicle may be released pursuant to Section 23-38 if the Department designee has on file a prior stipulated vehicle release agreement signed by that person within the previous five (5) years. Section 11. VEHICLE TITLE VESTING IN THE CITY All right, title, and interest in the vehicle vests in the City upon commission of the act giving rise to the nuisance under this division. Section 12. SALE OF SEIZED VEHICLE (a) Order of nuisance and seizure. Any vehicle declared a nuisance and subject to seizure pursuant to this division must be sold once an order of nuisance and seizure is issued by a court pursuant to Section 23-38 unless the Department designee determines the vehicle is necessary to be utilized to for law enforcement purposes. (b) Public auction. The City shall offer the seized vehicle for sale at public auction within sixty (60) days of receiving title to the vehicle. Low value vehicles must be disposed of pursuant to Section 23-38 (13). Section 13. DISPOSTION OF LOW VALUE VEHICLES If the Department designee determines that the seized vehicle is to be sold pursuant to this division is of so little value that it cannot readily be sold to the public generally, the vehicle must be conveyed to a licensed dismantler or donated to a charitable organization. License plates must be removed from any vehicle conveyed to a dismantler pursuant to this section. Section 14. DISTRIBUTION OF SALE PROCEEDS The proceeds of a sale of a seized vehicle must be disposed of in the following priority- (1) To satisfy the towing and storage costs, following impoundment, the costs of providing notice pursuant to Section 23-38, the costs of sale, and the costs and fees associated with the judicial proceedings, if any; (2) To the holder of any subordinate lien or encumbrance on the vehicle, other than a registered or legal owner, to satisfy any indebtedness so secured if written Ordinance No. 2023-011 7 notification of demand is received before distribution of the proceeds is completed. The holder of a subordinate lien or encumbrance, if requested, shall furnish reasonable proof of its interest and, unless it does so upon request, is not entitled to distribution; then (3) The remaining proceeds shall be transferred to the City. Section 15. ACCOUNTING OF SALE PROCEEDS The person conducting the sale shall disburse the proceeds of the sale as provided in Section 23-38 and shall provide a written accounting regarding the disposition to the Department designee and, upon request, to any person entitled to a share of the proceeds or to any person validly claiming a share of the proceeds, as determined by the Department designee, within fifteen (15) days after the sale is conducted. Section 16. STOLEN VEHICLES No vehicle may be sold pursuant to this division if the Department designee determines that the vehicle was/is stolen. In this event, the vehicle may be claimed by the registered owner or Iienholder of record at any time after impoundment, provided the vehicle registration is current and the registered owner has no outstanding traffic violations or parking penalties on their driving record or on the registration record of any vehicle registered to the person. If the identity of the legal and registered owner(s) or Iienholder of record of the vehicle cannot be reasonably ascertained, the vehicle may be sold. Section 17. INNOCENT OWNER REMEDY Any owner of a vehicle who suffers any loss due to the seizure of any vehicle pursuant to this division may recover the amount of the loss from the person who violated Texas Transportation Code Sections 545.401 or 545.420, which gave rise to the nuisance under this division. Section 18. TOWING AND STORAGE FEES Charges for towing and storage for any vehicle impounded pursuant to this division must not exceed the normal towing and storage rates for other vehicle towing and storage conducted by the Department in the normal course of business." Section 3. That the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 4. That if any portion, section or part of a section of this ordinance is subsequently declared invalid, inoperative or void for any reason by a court of competent jurisdiction, the remaining portions, sections or parts of sections of this ordinance shall be and remain in full force and effect and shall not in any way be impaired or affected by such decision, opinion or judgment. Ordinance No. 2023-011 8 Section 5. That the fact that the present ordinances and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 7th day of March, 2023. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: Matthew C.G. Boyle City Attorney Ordinance No. 2023-011 9