This chapter shall be known as the "Seizure and Forfeiture of
Nuisance Vehicles ordinance."
(SCC 1186 § 1, 2001)
The Board of Supervisors finds and declares as follows:
a. The
citizens of Sacramento County have complained about the nuisance being
created by persons driving vehicles into their neighborhoods in order
to acquire or attempt to acquire controlled substances or to solicit
acts of prostitution.
b. Persons
who operate vehicles and use them to acquire controlled substances
or to solicit acts of prostitution bring crime and decay to the neighborhoods
where they solicit acts of prostitution and/or acquire or attempt
to acquire controlled substances.
c. Owners
of vehicles utilized to acquire or attempt to acquire controlled substances
or to solicit acts of prostitution have the responsibility of ensuring
that such vehicles are not utilized for nuisance-creating behaviors.
d. The
seizure and forfeiture of such vehicles will serve to deter such conduct
and to abate the nuisance caused by such activity in that the vehicle
owner will be deterred from using their vehicle as an instrumentality
of their illegal activity. The seizure and forfeiture of such vehicles
will also ensure that vehicle owners will not permit their vehicles
to be used for illicit purposes.
(SCC 1186 § 1, 2001)
For purposes of this chapter, the following definitions apply:
a. "Controlled
substances" shall mean a drug, substance, or immediate precursor which
is listed in any schedule in California
Health and Safety Code Sections
11054, 10055, 10056, 11057 or 11058.
b. "Driver"
means the person who is driving or is in actual physical control of
a vehicle that is seized pursuant to this chapter.
c. "Prostitution"
means engaging in sexual conduct or other lewd or dissolute act between
persons in return for money or other consideration.
d. "Vehicle"
shall mean a device by which any person or property may be propelled,
moved, or drawn upon a highway, excepting a device moved exclusively
by human power or used exclusively upon stationary rails or tracks.
"Vehicle" includes any motor vehicle.
(SCC 1186 § 1, 2001)
In all cases in which a vehicle is seized pursuant to this chapter
is forfeited to the County, the vehicle shall be sold and the proceeds
of the sale shall be distributed in the following order of priority:
a. To
the Sheriff for the administrative towing fee incurred in connection
with any vehicle seized pursuant to this chapter.
b. To
the bona fide or innocent purchaser, conditional sales vendor, mortgagee
or lien holder of the property, if any, up to the amount of his or
her interest in the property, when the Court or County Counsel declaring
the forfeiture orders a distribution to that effect.
c. To
the Sheriff for all administrative expenditures made or incurred in
connection with the seizure and sale of the vehicle, including expenditures
for any necessary repairs, storage or transportation of any vehicle
seized pursuant to this chapter.
d. To County Counsel for all administrative expenditures made or incurred in connection with the publication of the notices set forth in Section
9.100.050 and the necessary sale of the vehicle.
e. The
remaining funds shall be distributed to the Sheriff.
(SCC 1186 § 1, 2001)