A.
The
streets within the city of Pico Rivera ("city") have been the site
of continuing and escalating illegal street races over the past several
years despite concerted efforts of local law enforcement agencies
to prevent and otherwise abate this illegal activity through the enforcement
of existing traffic laws. Illegal motor vehicle speed contests and
exhibitions of speed are fueled by the presence of spectators and
create an environment in which these, as well as other, illegal activities
can flourish. Therefore, the intent and purpose of this chapter is
to discourage the presence of spectators at illegal vehicle speed
contests and exhibitions of speed in the city. In discouraging spectators,
the act of organizing and participating in illegal street races will
be discouraged.
B.
This
chapter is adopted as a means to reduce illegal street racing and
exhibitions of speed in the city by declaring the vehicles that are
used in street racing activities and exhibitions of speed as nuisances
and authorizing their seizure and forfeiture.
C.
This
chapter is not intended to preempt state law governing the regulation
of speed contests or exhibitions of speed but rather complement such
laws by prohibiting spectators at illegal motor vehicle speed contests
and exhibitions of speed events.
(Ord. 1171 § 2, 2023)
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:
means the city of Pico Rivera.
means workdays not including weekends and holidays.
means any person who drives a motor vehicle.
means any speed contest or exhibition of speed referred to
in Vehicle Code Section 23109(a) and (c).
means father, mother, sister, or brother.
means a person holding a security interest in a vehicle referred
to in California Vehicle Code Section 370.
means a vehicle as defined in Vehicle Code Section 670.
means those preparations for the illegal motor vehicle speed
contest or exhibition of speed, including, but not limited to, situations
in which:
A group of vehicles or individuals has arrived at a location
for the purpose of participating in or being spectators at the event;
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;
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;
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;
Two or more vehicles have lined up with motors running for an
illegal motor vehicle speed contest or exhibition of speed;
One or more drivers is revving their engine or spinning their
tires in preparation for the event; or
An individual is stationed at or near one or more motor vehicles
serving as a race starter.
means a person registered by the Department of Motor Vehicles
as the owner of a vehicle referred to in California Vehicle Code Section
505.
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)
A.
Any
individual who is knowingly present as a spectator, either on a public
street or highway, or on private property open to the general public
without the consent of the owner, operator, or agent thereof, at an
illegal motor vehicle speed contest or exhibition of speed is guilty
of a misdemeanor.
B.
Any
individual who is knowingly present as a spectator, either on a public
street or highway, or on private property open to the general public
without the consent of the owner, operator, or agent thereof, where
preparations are being made for an illegal motor vehicle speed contest
or exhibition of speed is guilty of a misdemeanor.
C.
The
city attorney or district attorney shall have the authority to prosecute
any violation of this section as an infraction in the interests of
justice. Additionally, the court may determine that the offense is
an infraction in which the case shall proceed as if the defendant
has been arraigned on an infraction complaint.
D.
An
individual is present at the illegal motor vehicle speed contest or
exhibition of speed if that individual is within five hundred feet
of the location of the event, or within five hundred feet of the location
where preparations are being made for the event.
E.
Nothing
in this section prohibits law enforcement officers or their agents
from being spectators at illegal motor vehicle speed contests or exhibitions
of speed in the course of their official duties.
F.
Notwithstanding
any other provision of law, to prove a violation of this section,
admissible evidence may include, but is not limited to, any of the
following:
1.
The
time of day;
2.
The
nature and description of the scene;
3.
The
number of people at the scene;
4.
The
location of the individual charged in relation to any individual or
group present at the scene;
5.
The
number and description of motor vehicles at the scene;
6.
That
the individual charged drove or was transported to the scene;
7.
That
the individual charged has previously participated in an illegal motor
vehicle speed contest or exhibition of speed;
8.
That
the individual charged has previously aided and abetted an illegal
motor vehicle speed contest or exhibition of speed;
9.
That
the individual charged has previously attended an illegal motor vehicle
speed contest or exhibition of speed; or
10.
That the individual charged previously was present at a location
where preparations were being made for an illegal speed contest or
exhibition of speed or where an exhibition of speed or illegal vehicle
speed contest was in progress.
G.
For
purposes of this chapter, "scene" refers to the location of the street
race or exhibition of speed or the location of the preparations for
the street race or exhibition of speed.
(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)
A.
A peace
officer may seize a vehicle subject to forfeiture under this section
upon the issuance of an order by a court having jurisdiction of the
vehicle. Seizure without court order may be made in any of the following
circumstances:
B.
A peace
officer seizing a vehicle under this section shall complete a receipt
in accordance with Penal Code Section 1412 and deliver it to the person
from whose possession the vehicle was seized.
C.
An
immediate investigation shall be made by the city manager or designee
making the seizure as to any potential claimant to a vehicle whose
right, title, interest, or lien is of record in the Department of
Motor Vehicles of this or any other state or appropriate federal agency.
If the city manager or designee finds that any person, other than
the registered owner, is the legal owner, and the ownership did not
arise subsequent to the date and time of arrest or seizure of the
vehicle or notification of the forfeiture proceedings, the city manager
or designee shall, within ten days of the vehicle's seizure, send
a notice of seizure to the legal owner at his or her address appearing
on the records of the Department of Motor Vehicles of this or any
other state or any appropriate federal agency.
D.
The city manager or designee making the seizure of the vehicle shall provide any potential claimants discovered as a result of the investigation set out in subsection C with the opportunity for a post-seizure hearing to determine the validity of the seizure. The post-seizure hearing shall be conducted within ten days of the request. A third-party administrator shall be contracted with the city and shall hold the post-hearing proceedings. Failure of either a registered or legal owner to request a hearing as provided in this section or to attend a scheduled hearing shall satisfy the post-seizure hearing requirement.
(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.
The
city manager or designee may, pursuant to this section, order the
forfeiture of vehicles seized under this chapter.
B.
If the city manager or designee determines that the factual circumstances warrant forfeiture of the vehicle described in Section 10.84.050, the city manager or designee shall serve a notice of intended forfeiture upon any person who has an interest in the seized vehicle. The notice shall be served as soon as practicable, but in any event within thirty days of the seizure of the vehicle subject to forfeiture.
C.
The
notice of intended forfeiture shall be served as follows:
1.
The notice of intended forfeiture shall be served by personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to Section 10.84.060(C).
2.
In
the event that the person entitled to service refuses to accept certified
return receipt mail or cannot be personally served, service may be
made by substituted service. Substituted service may be accomplished
by any one of the following methods:
a.
By leaving a copy during usual business hours at the recipient's
business with the person who is apparently in charge, and by thereafter
mailing by first class mail a copy to the recipient where the copy
was left.
b.
By leaving a copy at the recipient's dwelling or usual place of abode,
in the presence of a competent member of the household and thereafter
mailing by first class mail a copy to the recipient at the address
where the copy was left.
3.
If
the person entitled to service lives out of state and will not accept
certified return receipt mail, then service may be made by first class
mail.
4.
If
the person entitled to notice cannot be located, or service cannot
be made as set forth in this subsection, service may be made by publication
in a newspaper of general circulation. Service shall be deemed sufficient
when it is accomplished pursuant to Government Code Section 6063.
(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)
A.
The filing of a claim within the time limit specified in Section 10.84.090 is considered a jurisdictional prerequisite for initiating a forfeiture proceeding. A proceeding in the civil case is a limited civil case. The burden of proof in the civil case shall be on the city by a preponderance of the evidence. All questions that may arise shall be decided and all other proceedings shall be conducted as in an ordinary civil action.
B.
Upon proof that the vehicle was used for any of the purposes set forth in Section 10.84.050, the court shall declare the vehicle a nuisance and order that the vehicle be forfeited and the proceeds upon sale distributed as set forth in Section 10.84.170. The court may make a different distribution of the proceeds, if the court finds that the claimant did not know that the vehicle was used for a purpose that constitutes a violation of this section.
C.
A judgment
of forfeiture does not require as a condition precedent the conviction
of a defendant for the current violation which gave rise to the nuisance
and caused these forfeiture proceedings to be initiated.
(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
(Ord. 1171 § 2, 2023)
A.
A stipulated
vehicle release agreement shall provide for the consent of the signers
to the automatic future forfeiture and transfer of title to the city
of any vehicle registered to that person, if the vehicle is used in
violation of California Vehicle Code Section 23109(a) or (c). The
agreement shall be in effect for five years from the date of signing
and shall be maintained by the city manager or designee.
(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)
A.
The
proceeds of a sale of a forfeited vehicle shall be disposed of in
the following priority:
1.
To
satisfy the towing, storage and administrative costs following impoundment,
the costs of providing notice, the costs of sale, and the unfunded
costs of judicial proceedings, if any; then
2.
To
the city for all legal expenditures, made or incurred by the city
attorney's office in connection with the enforcement of this chapter,
including, but not limited to, costs for investigation, litigation,
and notices resulting from enforcement of this chapter; then
3.
To
the city for local law enforcement for all expenditures other than
personnel costs, made or incurred in connection with enforcement of
this chapter, including, but not limited to, costs for equipment,
investigation and supplies related to enforcement of this chapter;
then
4.
To
the city for all expenditures incurred by the public works department
for the necessary repairs to any public streets or intersections damaged
as a result of the illegal street racing contest(s) or exhibition(s)
of speed; then
5.
Upon
satisfactory proof to the city manager or designee, to the legal owner
in an amount to satisfy the indebtedness owed to the legal owner remaining
as of the date of sale, excluding any accrued interest or finance
charges and delinquency charges, providing that the principal indebtedness
was incurred prior to the date of impoundment; then
6.
To
the holder of any subordinate lien or encumbrance on the vehicle,
other than a registered or legal owner, to satisfy any indebtedness
so secured if written notification of demand is received before distribution
of the proceeds is completed. The holder of a subordinate lien or
encumbrance, if requested, shall furnish reasonable proof of its interest
and, unless it does so upon request, is not entitled to distribution
pursuant to this section; then
7.
To
any other person, other than a registered or legal owner, who can
reasonably establish an interest in the vehicle, including a community
property interest, to the extent of his or her provable interest,
if written notification is received before distribution of the proceeds
is completed; then
8.
Of
the remaining proceeds, one hundred percent shall be transferred to
the city via the finance director.
B.
A vehicle
may be destroyed only if the condition of the vehicle warrants destruction
and there are no lien holders or claimants who did not know that the
vehicle was used for a purpose that constitutes a violation of this
chapter.
(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)
A.
The
city is responsible for the costs incurred for towing and storage
if it is determined that the driver at the time of impoundment did
not violate California Vehicle Code Section 23109(a) or (c) and did
not give rise to the nuisance.
B.
Charges
for towing and storage and administrative charges for any vehicle
impounded pursuant to this chapter shall be set forth by resolution
by the city council.
(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)
