Public Safety and Neighborhood Services Committee Special Meeting - September 20, 2024
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Public Safety and Neighborhood Services Committee Special Meeting - September 20, 2024
A special meeting of the Public Safety and Neighborhood Services Committee was held on September 20, 2024, at 9:15 AM. The committee considered an ordinance amending the San Francisco Police Code to address vehicle sideshows, including prohibitions on promotion, assembly, presence, and interference with law enforcement, as well as vehicle seizure and sale. The item was sponsored by the Mayor's Office with co-sponsors Supervisors Stephanie and Dorsey (Vice Chair Engardio later added as co-sponsor). Commander Nicole Jones of the SFPD Special Operations Bureau presented the ordinance, describing sideshows as "vehicle insurrections" and emphasizing the need for additional enforcement tools. Two non-substantive amendments were introduced and adopted. The committee voted unanimously to forward the amended ordinance to the full Board of Supervisors with a positive recommendation.
Discussion Items
- Presentation by Commander Nicole Jones: Commander Jones, joined by Sergeant Dan Guzman and Lieutenant A.J. Holder, described the significant challenge of sideshows and dirt bike events since 2020, characterizing them as lawless "vehicle insurrections." She stated the ordinance provides "much needed tools and consequences" for enforcement.
- Supervisor Dorsey: Expressed gratitude to SFPD and noted frustrations with limitations under state law, particularly regarding asset forfeiture. He emphasized the need for continued policy work at the state level to address urban density concerns.
- Supervisor Engardio: Asked about distinguishing between spectators and participants. Commander Jones explained that spectators are integral to sideshows ("can't have a sideshow without people watching") and that officers can typically identify active participants based on behavior (e.g., cell phone use, arriving in caravans, cheering). Engardio also raised concerns about the ordinance being too broad, but Commander Jones stated she did not believe it was and that the department would evaluate its application.
- Chair Supervisor Stephanie: Noted the presence of firearms at sideshows, including shots fired and injuries, and the danger of such events. Commander Jones confirmed that firearms are often seen and that other crimes are connected to sideshows.
- Amendments: Deputy City Attorney Brad Russell confirmed the two amendments were non-substantive. The first amendment required SFPD to warn people of unlawful assembly before arresting (an existing requirement). The second corrected an administrative error on page 7, line 5, and page 8, lines 24-25, adding language about consent of private property owner and consistent with First Amendment.
Public Comments & Testimony
- No public comments were offered.
Key Outcomes
- Motion to amend: The committee voted unanimously (Vice Chair Engardio, aye; Member Dorsey, aye; Chair Stephanie, aye) to adopt the two non-substantive amendments.
- Motion to forward to full board: The committee voted unanimously to forward the amended ordinance to the full Board of Supervisors as a committee report with a positive recommendation. The item is expected to appear on the Board of Supervisors agenda on October 1, 2024, and will be presented as a committee report at the September 24, 2024 Board of Supervisors meeting.
Meeting Transcript
The meeting will come to order. Welcome to the September 20th, 2024 special meeting of the Public Safety and Neighborhood Services Committee. I am Supervisor Catherine Stephanie, Chair of the Committee. To my right, we are joined by Vice Chair Engardio, and to my left is Supervisor Dorsey. The clerk is Ms. Monique Creighton. Also, I'd like to thank Seuss Enos at SFGov TV for staffing this meeting. Madam Clerk, do we have any announcements? Yes. Please make sure to silence all cell phones and electronic devices. Documents to be included as part of the file should be submitted to the clerk. Public comment will be taken on each item on this agenda. When your item of interest comes up and public comment is called, please line up to speak on your right. Alternatively, you may submit public comment in writing in either of the following ways. First, you may email email them to myself, the Public Safety and Neighborhood Services Committee clerk at M O N IQE dot C R A Y T O N at SFgov.org, or you may send your written comments via U.S. Postal Service to our office in City Hall. Number one, Dr. Carlton Be Goodlit Place, Room 244, San Francisco, California 94102. If you submit public comment in writing, it will be forwarded to the supervisors and also included as part of the official file on which you're commenting. Finally, items acted upon today are expected to appear on the Board of Supervisors Agenda of October 1st, 2024, unless otherwise stated. Thank you, Madam Clerk. Will you please call the first item? Yes, this is an ordinance amending the police code to number one prohibit persons from promoting a vehicle sideshow or preparations for such a sideshow. Two, prohibit persons from assembling together to obstruct the streets, sidewalks, highways, other public right of ways, off-street parking facilities or private property in connection with a vehicle sideshow or preparations for such a sideshow. Three, prohibit persons from knowingly being present at a vehicle sideshow, or preparations for such a sideshow for purposes of participating in the vehicle sideshow. Four, prohibit persons present at a vehicle sideshow, or preparations for such a sideshow from interfering with official performance of law enforcement duties. Five season and pound vehicles used in vehicle sideshow or preparations for such such a sideshow and under certain conditions, sell the vehicles, and six, make violations of these provisions and misdemeanor subject to imprisonment and or fine. I would like to note that this item will be presented as a committee report at the September 24th Board of Supervisors meeting. Thank you, Madam Clerk. This item is sponsored by the mayor's office with co-sponsors me and Supervisor Dorsey. And my understanding is that we do not have a presentation for this item today, but Commander Nicole Jones, Special Operations Bureau, Sergeant Dan Um Guzman, Lieutenant A.J. Holder, uh, Diana Roche, Director of Policy and Public Affairs, and Carl Nichita, um, principal liaison uh legislative liaison are present um to answer any questions if we have them. Uh I do believe Commander Jones would like to address the committee. And we have been asked by the mayor's office to move two amendments today, which committee members have in front of them. I will read the amendments into the record now. And I just want to can City Attorney Brad Rusty please confirm for the committee that these amendments are not substantive. Uh good afternoon, supervisors. Um, yes, I confirm that these amendments are not substantive. Thanks. Great, thank you. And the first amendment requires SFPD to warn people of the unlawful assembly before arresting them. This is an existing requirement. And the second amendment is an administrative error. Uh the changes are on page seven, line five, and page eight, line twenty four through twenty five. Uh uh, Deputy City Attorney, should I read this into the record or just submitting them would be fine. Um good afternoon again, Brad Deputy City Attorney Brad Russell. You can go ahead and read them into the records. Okay, I'll go ahead and do that. So on page seven, line five, it says no person shall assemble with others to block or obstruct the street, sidewalk, highway, other public right-of-ways, or private property absent consent of the private property owner, operator, or agent in connection with preparation of a vehicle sideshow or in connection with a vehicle sideshow after being warned to disperse by a law enforcement official. On page eight, line 20 lines 24 and 25, uh subsection F says this article 56 shall be construed and enforced consistent with the first amendment of the United States Constitution.
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