The following words, terms and phrases, when used in this chapter,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
"City"
means the city of Pico Rivera.
"Days"
means workdays not including weekends and holidays.
"Driver"
means any person who drives a motor vehicle.
"Preparations"
means those preparations for the illegal motor vehicle speed
contest or exhibition of speed, including, but not limited to, situations
in which:
1.
A group of vehicles or individuals has arrived at a location
for the purpose of participating in or being spectators at the event;
2.
A group of individuals has lined one or both sides of a public
street or highway for the purpose of participating in or being a spectator
at the events;
3.
A group of individuals has gathered on private property open
to the general public without the consent of the owner, operator,
or agent thereof for the purpose of participating in or being a spectator
at the event;
4.
One or more individuals has impeded the free public use of a
public street or highway by actions, words, or physical barriers for
the purpose of conducting the event;
5.
Two or more vehicles have lined up with motors running for an
illegal motor vehicle speed contest or exhibition of speed;
6.
One or more drivers is revving their engine or spinning their
tires in preparation for the event; or
7.
An individual is stationed at or near one or more motor vehicles
serving as a race starter.
"Registered owner"
means a person registered by the Department of Motor Vehicles
as the owner of a vehicle referred to in California
Vehicle Code Section
505.
"Spectator"
means any individual who is present at an illegal motor vehicle
speed contest or exhibition of speed, or at a location where preparations
are being made for such activities, for the purpose of viewing, observing,
watching, or witnessing the event as it progresses. The term "spectator"
includes any individual at the location of the event without regard
to whether the individual arrived at the event by driving a vehicle,
riding as a passenger in a vehicle, walking, or arriving by some other
means.
(Ord. 1171 § 2, 2023)
This chapter is not the exclusive regulation or penalty for
participation in a motor vehicle speed contest or exhibition of speed.
It supplements and is in addition to any other regulatory codes, statutes,
and ordinances heretofore or hereafter enacted by the city, the state
or any other legal entity or agency having jurisdiction. Local law
enforcement agencies have the authority to cite spectators with an
administrative citation. Such administrative citations will result
in a fine of two thousand dollars.
(Ord. 1171 § 2, 2023)
A motor vehicle shall be declared a nuisance and shall be seized
and subject to forfeiture under this chapter if:
A. It
is used in violation of California
Vehicle Code Section 23109(a) or
(c); and
B.
1. It
is driven by the registered owner of the vehicle at the time of the
violation, or the registered owner is a passenger in the vehicle at
the time of the violation; or
2. It
is driven by a member of the registered owner's immediate family at
the time of the violation, or a member of the registered owner's immediate
family is a passenger in the vehicle at the time of the violation;
or
3. The
driver or a passenger lives at the same address as the registered
owner at the time of the violation; or
4. The
driver or a passenger in the vehicle at the time of the violation
has a prior contact in the vehicle, as determined by law enforcement
records.
C. Declaration
of this nuisance is made in accordance with the authority granted
to the city in California
Government Code Section 38771, as amended
from time to time.
(Ord. 1171 § 2, 2023)
The notice of seizure shall include the following:
A. A description
of the vehicle.
B. The
date and place of seizure.
C. The
violation of law alleged with respect to forfeiture of the vehicle.
D. The instructions for filing and serving a claim with the city clerk pursuant to Section
10.84.090 and time limits for filing a claim.
E. A vehicle
seized pursuant to this chapter, where appropriate, may be held as
evidence in any proceeding brought by the city manager or designee,
the city attorney or the district attorney.
(Ord. 1171 § 2, 2023)
A person claiming an interest in the vehicle seized pursuant to Section
10.84.050, must within ten days from the date of the notice of intended forfeiture or within thirty calendar days from the date of first publication of the notice of intended forfeiture, file with the Superior Court of the county in which the vehicle was seized, a claim opposing forfeiture, verified in accordance with Section 446 of the
Code of Civil Procedure, stating his or her interest in the vehicle. An endorsed copy of the claim shall be served upon the city attorney within ten days of the filing of the claim.
(Ord. 1171 § 2, 2023)
If no claims are filed and served within fifteen days of the mailing of the notice pursuant to Section
10.84.080 or within five days of personal service of the notice, the city attorney shall prepare a written declaration of forfeiture of the vehicle to the city. A written declaration of forfeiture signed by the city attorney under this section shall be deemed to provide good and sufficient title to the forfeited vehicle. A copy of the declaration shall be provided on request to any person informed of the pending forfeiture pursuant to Section
10.84.060. A claim that is filed and later withdrawn by the claimant shall be deemed to not have been filed.
(Ord. 1171 § 2, 2023)
If at the time of the violation there is a community property
interest in the vehicle to be forfeited, 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 class C driver's license,
the vehicle shall be released to a registered owner or to the community
property interest owner upon compliance with all of the following
requirements:
A. The
registered owner or the community property interest owner requests
release of the vehicle and the owner of the community property interest
submits proof of that interest; and
B. The
registered owner or the community property interest owner submits
proof that the vehicle is properly registered pursuant to the California
Vehicle Code; and
C. All
towing and storage charges and any administrative charges authorized
pursuant to California
Vehicle Code Section 22850.5 and the Pico Rivera
Municipal Code are paid; and
D. The registered owner and the community property interest owner sign a stipulated vehicle release agreement, as described in Section
10.84.130, in consideration for the nonforfeiture of the vehicle.
(Ord. 1171 § 2, 2023)
All right, title, and interest in the vehicle shall vest in
the city upon commission of the act giving rise to the nuisance under
this chapter.
(Ord. 1171 § 2, 2023)
Any vehicle forfeited pursuant to this chapter shall be sold once a declaration of forfeiture is issued by the city attorney or an order of forfeiture is issued by a court, as the case may be, pursuant to Sections
10.84.100 and
10.84.110. The city shall offer the forfeited vehicle for sale at public auction within sixty days of receiving title to the vehicle. Low value vehicles shall be disposed of pursuant to Section
10.84.160.
(Ord. 1171 § 2, 2023)
If the city manager or designee determines that the vehicle
to be forfeited and sold pursuant to this chapter is of so little
value that it cannot readily be sold to the public generally, the
vehicle shall be conveyed to a licensed dismantler or donated to a
charitable organization. License plates shall be removed from any
vehicle conveyed to a dismantler pursuant to this section.
(Ord. 1171 § 2, 2023)
The person conducting the sale shall disburse the proceeds of the sale as provided in Section
10.84.070 and shall provide a written accounting regarding the disposition to the city manager or designee and, on request, to any person validly claiming a share of the proceeds, as determined by the city manager or designee, within fifteen days after the sale is conducted.
(Ord. 1171 § 2, 2023)
No vehicle shall be sold pursuant to this chapter if the city
manager or designee determines the vehicle to have been stolen. In
this event, the vehicle may be claimed by the registered owner at
any time after impoundment, providing the vehicle registration is
current and the registered owner has no outstanding traffic violations
or parking penalties on his or her driving record or on the registration
record of any vehicle registered to the person. If the identity of
the legal and registered owners of the vehicle cannot be reasonably
ascertained, the vehicle may be sold.
(Ord. 1171 § 2, 2023)
Nothing in this chapter shall preclude an owner of a vehicle
who suffers a monetary loss from the forfeiture of a vehicle under
this section from recovering the amount of the actual monetary loss
from the person(s) who committed the act giving rise to forfeiture
under this chapter.
(Ord. 1171 § 2, 2023)