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File #: 250301    Version:
Type: Ordinance Status: In Council-Passage
File created: 6/3/2025 In control: PUBLIC SAFETY AND HEALTH COMMITTEE
On agenda: Final action:
Effective date:    
Title: A substitute ordinance relating to street takeovers, stunt driving, and spectating at illegal racing events.
Sponsors: ALD. PEREZ, ALD. SPIKER
Attachments: 1. FIne, 2. Local, state officials target 'street takeover' spike with new measures, 3. Puertorican Festival

Number

250301

Version

SUBSTITUTE 1

Reference

 

Sponsor

ALD. PEREZ AND SPIKER

Title

A substitute ordinance relating to street takeovers, stunt driving, and spectating at illegal racing events.

Section

101-20.7-2-0                                          am

101-20.7-2-b                                          rc

101-20.7-2-c-0                     am

101-20.7-2-c-4                     am

101-20.7-2-c-5                     am

101-20.7-2-c-6                     am

101-20.7-2-d                      cr

101-20.7-2-e                      cr

101-20.7-2-f                                           cr

101-20.7-2-g                      cr

101-20.7-2-h                      cr

101-20.7-3                                           am                                          

101-20.7-4                                           am

101-20.8                                           cr

Analysis

This ordinance expands the prohibition on spectating at unauthorized racing events to include street takeovers, which are defined as blocking or impeding the regular flow of vehicle or pedestrian traffic on any public roadway, highway, intersection, or parking facility, or on private property that is open to the general public, for the purpose of stunt driving, racing, or creating a public hazard through reckless driving. This ordinance also defines “stunt driving,” “organizer,” “participant,” and “aider or abettor.” It clarifies that spectators present at either a racing event or street takeover, whether during the event or its preparation, may be cited for violations. The ordinance also creates a new section prohibiting operators, organizers, passengers, and aiders from engaging in or facilitating street takeovers, with enhanced penalties for coordinated or repeat violations.

Body

The Mayor and Common Council of the City of Milwaukee do ordain as follows:

 

Part 1. Section 101-20.7-2-0 of the code is amended to read.

 

101-20.7 Spectating at Illegal Race Contest or Exhibition of Speed.

 

2. DEFINITIONS.

 

In this section>> and s. 101-20.8<<:

 

Part 2. Section 101-20.7-2-b of the code is repealed and recreated

 

b. “Spectator” means a person who is knowingly present for the purpose of viewing, encouraging, recording, or otherwise attending a racing event or street takeover as it occurs or while preparations are underway. Factors that may be used to determine whether a person is a spectator include:

 

b-1. The person’s relationship to the participating driver or vehicle.

 

b-2. Evidence of gambling or wagering.

 

b-3. Filming, live-streaming, or posting the event on social media.

 

b-4. Coordinating arrival or location through social media or group messaging.

 

b-5. Any other circumstance indicating an affirmative choice to attend. 

 

Part 3. Section 101-20.7-2-c-0 and c-4 to c-6 of the code is amended to read:

 

c. “Preparations” means any of the following acts done for a racing event >>or street takeover<<:

 

c-4. The presence of one or more motor vehicles with motors running for a racing event >>or street takeover<<.

 

c-5. The revving-up of motor vehicle engines or spinning of motor vehicle tires by drivers on a public highway in preparation for a racing event >>or street takeover<<.

 

c-6. The appearance of an individual stationed near one or more motor vehicles as a race >>or street takeover<< starter.

 

Part 4. Section 101-20.7-2-d to h of the code is created to read:

 

d. “Street takeover” means blocking or impeding the regular flow of vehicle or pedestrian traffic on any public roadway, highway, intersection, or parking facility, or on private property that is open to the general public, for the purpose of stunt driving, racing, or creating a public hazard through reckless driving. The term does not include parades, marches, demonstrations, or other assemblies that are authorized by permit or otherwise protected by law. 

 

e. “Stunt driving” means performing or engaging in burnouts, doughnuts, drifting, wheelies, or allowing a passenger to ride either partially or fully outside of a vehicle while it is in operation.  

 

f. “Organizer” means a person who intentionally plans, promotes, or facilitates a street takeover or racing event, including through social media, messaging applications, or other communications, or who coordinates meeting locations, routes, or logistics.

 

g. “Participant” means a person who operates a vehicle, knowingly rides as a passenger, or otherwise engages in activities that contribute to a street takeover or racing event.

 

h. “Aider or Abettor” means a person who assists in the planning, coordination, or physical execution of a street takeover or racing event, including by blocking traffic, directing vehicles, acting as a starter or spotter, providing fuel or equipment, or otherwise enabling the event to occur.

 

Part 5. Section 101-20.7-3 and 4 of the code is amended to read:

 

3. SPECTATING PROHIBITED. No individual shall knowingly be present as a spectator at a racing event >>or street takeover<<, or where preparations are being made for a racing event >>or street takeover<<, with the intent to be present at the racing event >>or street takeover<<. An individual shall be considered to be present if that individual is >>located<< within [[150 feet of the racing event]] >>the area of the event<< or >>its preparations<<. [[where preparations are being made for a racing event.]] 

 

4. PENALTY. Any person who violates this section shall be subject to a penalty of not less than [[$20]] >>$500<< and no more than [[$400]] >>$1,000<< together with the costs of prosecution, and, in default of payment thereof, shall be imprisoned as provided by law.

 

Part 6. Section 101-20.8 of the code is created to read.

 

101-20.8. Prohibited Acts in Street Takeovers, Racing, and Stunt Driving. 1. PROHIBITED CONDUCT. No person shall:

 

a. Operate a motor vehicle in any street takeover, stunt driving, race, speed competition, drag race, acceleration contest, test of endurance, or exhibition of speed or acceleration.

 

b. Organize, promote, coordinate, including through social media, or collect money for any such event.

 

c. Knowingly ride as a passenger in a vehicle participating in such event.

 

d. Purposefully slow, stop, or impede vehicle or pedestrian traffic to facilitate such event.

 

e. Operate a motor vehicle for the purpose of filming or recording participants in such event. This paragraph does not apply to bona fide members of the news media.

 

f. Operate a motor vehicle carrying fuel or repair equipment for the purpose of supporting vehicles participating in such event.

 

g. Aid or abet any conduct described in parts. a. to f., including by blocking roadways, acting as a starter or spotter, or directing vehicles or crowds.

 

2. LOCATIONS COVERED. This section applies to any highway, roadway, intersection, alley, or parking facility, and to private property that is open to the general public.

 

3. EXEMPTIONS. This section does not apply to:

 

a. Bona fide residents or business patrons traveling to or from a residence or business within the area.

 

b. Emergency responders performing official duties.

 

c. Bona fide members of the news media engaged in newsgathering who are not otherwise participating, coordinating, or obstructing traffic.

 

d. Persons present at a lawful parade, protest, or assembly authorized by permit or otherwise protected by law.

 

4. PENALTIES. a. An operator or organizer shall be subject to a forfeiture of not less than $400 nor more than $1,000.

 

b. A passenger or aider shall be subject to a forfeiture of not less than $300 nor more than $1,000.

 

c. The court may impose community service related to traffic safety.

 

d. A person who commits a coordinated street takeover involving 10 or more vehicles, or who commits a second or subsequent violation of this section within one years, shall be subject to a forfeiture of not less than $1,000 in addition to any applicable impoundment or cost recovery.

 

 

LRB

APPROVED AS TO FORM

K. Broadnax

____________________________

Legislative Reference Bureau

Date: September 11, 2025

 ______________________

 

Attorney

IT IS OUR OPINION THAT THE ORDINANCE

IS LEGAL AND ENFORCEABLE

 

 

____________________________

Office of the City Attorney

Date:  ______________________

 

 

Requestor

 

Drafter

LRB180791-2

Addis Zewdie

9/08/2025