Explanation
The purpose of this ordinance is to amend Section 2133.07 of the Columbus City Codes, adding the prohibition of stunt driving and street takeovers to the section.
During and following the COVID pandemic, there has been a surge of street racing, stunt driving, and street takeovers throughout the country, creating dangerous activity on public streets. Columbus Police have responded with various initiatives, such as Operation Wheels Down, which increased enforcement and prosecution of those who recklessly drive ATVs or dirt bikes on city streets. CPD has also responded to various large and high-profile incidents of this reckless exhibition, including a 2023 incident where participants opened fire on police officers. Residents across the City have raised concerns about these activities, which worsen traffic safety and endanger lives.
Along with municipalities, state legislatures have created new provisions and penalties for this activity, including Florida, Washington, Tennessee, and Texas. The Ohio Legislature recently passed House Bill 56, which addresses this issue in the Ohio Revised Code. The City is now proposing to adopt similar prohibitions on this activity in the Columbus City Codes, amending the section on street racing to include stunt driving and street takeovers. The amendment includes the following:
• Prohibits any person from knowingly participating in stunt driving (i.e., burnouts, doughnuts, drifting wheelies, or allowing passengers to ride partially or fully outside the vehicle) on any public road, street, or highway, or private property open to the public.
• Prohibits a person from knowingly participating in a street takeover (i.e., blocking or impeding the regular flow of vehicle or pedestrian traffic for the purpose of street racing or stunt driving) on any public road, street, highway, or private property that is open to the public.
• Specifies that anyone rendering assistance to stunt driving or street takeover must be charged the same as the participants.
• Prohibits street racing on private property open to the public and applies the current law penalties for street racing on public roads, streets, and highways to the offense.
Exempts competitive operation of vehicles on public or private property from the above prohibitions in accordance with a Special Event permit issued pursuant to Chapter 923 or when otherwise authorized by ordinance of Council.
• Makes the two new criminal offenses a first degree misdemeanor, with a possible driver’s license suspension of 30 days to three years, and assessment of six points on the offender’s license.
• Defines a “Vehicle Component” as: “any motor vehicle part or accessory specifically adapted for use in street racing, stunt driving, or street takeover. Vehicle Component includes, but is not limited to, steering wheels, wheels and tires, and mufflers.”
• Authorizes forfeiture of Vehicle Components used in the commission of an offense
This ordinance will serve to address these dangerous activities more specifically in the Codes, and promote the safety of all residents in Columbus.
Title
To amend section 2133.07 of the Columbus City Codes, establishing the prohibition of stunt driving and street takeovers and penalties for violations; and to repeal existing section 2133.07 of the Columbus City Codes; and to declare an emergency.
Body
WHEREAS, Chapter 2133 of the Columbus City Codes pertains to provisions regarding the reckless operation of vehicles; and
WHEREAS, Section 2133.07 deals specifically with street racing prohibitions; and
WHEREAS, since the COVID pandemic, there has been a surge of street racing, stunt driving, and street takeovers throughout the country, creating dangerous activity on public streets; and
WHEREAS, the City of Columbus is proposing to add specific prohibitions for stunt driving and street takeovers to section 2133.07, and adding penalties for the same, to address this danger to public safety; NOW, THEREFORE, and
WHEREAS, an emergency exists in the normal operations of Columbus City Council, in that is necessary to immediately enact this code amendment, to ensure the safety and welfare of the residents of Columbus for the remainder of the summer months; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That section 2133.07 of the Columbus City Codes is hereby amended, to read as follows:
2133.07 - Street racing, stunt driving, and street takeover prohibited.
(a) As used in this section,:
(1) "sStreet racing" means the operation of two (2) or more vehicles from a point side by side at accelerating speeds in a competitive attempt to out-distance each other or the operation of one or more vehicles over a common selected course, from the same point to the same point, wherein timing is made of the participating vehicles involving competitive accelerations or speeds. Persons rendering assistance in any manner to such competitive use of vehicles shall be equally charged as the participants. The operation of two (2) or more vehicles side by side either at speeds in excess of prima-facie lawful speeds established by Section 2133.03 or rapidly accelerating from a common starting point to a speed in excess of such prima-facie lawful speeds shall be prima-facie evidence of street racing.
(2) "Burnout" means a maneuver performed while operating a vehicle whereby the vehicle is kept in a stationary position, but the wheels of the vehicle are spun, which may cause the tires of the vehicle to become heated and emit smoke from the friction.
(3) "Doughnut" means a maneuver performed while operating a vehicle whereby the front or rear of the vehicle is rotated around the opposite set of wheels in a continuous motion, which may cause a circular skid-mark pattern of rubber on the driving surface, or the tires of the vehicle to become heated and emit smoke from the friction, or both.
(4) "Drifting" means a maneuver performed while operating a vehicle whereby the vehicle is driven in a manner that causes a controlled, sideways skid during a turn, with the front wheels pointing in a direction that is the opposite of the direction of the turn.
(5) "Wheelie" means a maneuver performed while operating a vehicle whereby the front wheel or wheels of the vehicle are raised off of the ground or whereby two wheels that are on the same side of the vehicle are raised off of the ground.
(6) "Stunt driving" means performing or engaging in burnouts, doughnuts, drifting, or wheelies, causing vehicle tires to squeal, or allowing a passenger to ride either partially or fully outside of the vehicle while operating that vehicle.
(7) "Street takeover" means blocking or impeding the regular flow of vehicle or pedestrian traffic on a public road, street, or highway or on private property that is open to the general public for the purpose of street racing or stunt driving.
(8) "Instrumentality" has the same meaning as in section 2981.01 of the Revised Code.
(b) No person shall knowingly participate in a street race racing, stunt driving, or street takeover upon any public road, street, or highway in this City or on private property that is open to the general public.
(c) Whoever violates this section is guilty of street racing, stunt driving, or street takeover, a misdemeanor of the first degree. In addition to any other sanctions, the court shall suspend the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege for not less than thirty (30) days or more than three (3) years. No judge shall suspend the first thirty (30) days of any suspension of an offender's license, permit, or privilege imposed under this division.
(d) In addition to any other penalties imposed by law, a vehicle component used in a violation of division (b) of this section is an instrumentality, shall be subject to seizure as contraband, and is subject to forfeiture under Chapter 2981. of the Revised Code.
(e) Persons rendering assistance in any manner to street racing, stunt driving, or street takeover shall be equally charged as the participants.
(f) This section does not apply to the competitive operation of vehicles on public or private property in accordance with a Special Event permit issued pursuant to Chapter 923 or when otherwise authorized by ordinance of Council.
SECTION 2. That existing section 2133.07 of the Columbus City Codes is hereby repealed.
SECTION 3. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
SECTION 3. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor or 10 days after its passage if the Mayor neither approves nor vetoes the same.