STAFF REPORT
Meeting Date: January 3, 2023
To: Honorable Mayor and City Council
From: Cynthia Owens, Municipal Affairs Program Manager
Robert Maycott, Police Lieutenant
Subject: Request for City Council Direction on Exploring the Adoption of an Ordinance Establishing the Forfeiture of Nuisance Vehicles Engaged in Motor Vehicle Speed Contests or Exhibition of Speed Attachments: 1. January 15, 2019 Study Session – No Attachments
2. Ordinance No. 19-O-2780 – Spectators at Illegal Street Racing and Reckless Driving Exhibitions
3. California Vehicle Code Section 23109
4. City of Paramount Ordinance - Forfeiture of Nuisance Vehicles Engaged in Motor Vehicle Speed Contests or
Exhibition of Speed
5. City of Paramount Ordinance – Prohibition of Spectators at Illegal Motor Vehicle Speed Contests and Exhibitions of Speed
INTRODUCTION
Illegal speed contests, also known as street racing, are a concern in cities across California due to the risk of injury to non-participants and participants. Additionally, there are public safety concerns due to the amount of spectators attracted to these events, especially when the illegal speed contest is publicized in advance on social media.
This item seeks City Council direction on pursuing the adoption of an ordinance to establish the forfeiture of nuisance vehicles engaged in motor vehicle speed contests or exhibition of speeds.
DISCUSSION
Background
In California, street racing is defined as a “speed contest.” A speed contest is defined as a race of a vehicle against another vehicle or a clock. Street racing laws in California include all forms of speed racing, drag racing or drifting, and any exhibitions of speed which threatens the public safety. Illegal speed contests are illegal and punishable by California law.
In 2019, the City Council reviewed what actions could be taken to discourage street racing, vehicle side shows, and exhibitions of speed in Beverly Hills (Attachment 1). The City Council adopted Ordinance No. 19-O-2780 (Attachment 2) to prohibit spectators at an illegal speed contest or where preparations are being made for an illegal speed Meeting Date: January 3, 2023
contest. Spectators may be subject to being charged with a misdemeanor crime which allows for prosecution of the individual with a maximum sentence of six months in jail or a fine of one thousand dollars, or both. The violation may also be prosecuted as an infraction. Should a violation be punished as an infraction, the first violation would be punishable by a $100 fine. Should a second offense be committed within 12 months, the fine would increase to $200. A third offense, and any subsequent offense, would be subject to a $500 fine.
Street Racing, Exhibitions of Speed, and Vehicle Side Shows – Update Last year, the United States Department of Transportation’s National Highway Traffic Safety Administration issued findings that showed while Americans drove far less in 2020 due to the pandemic, motor vehicle crashes resulting in fatalities increased 7.2 percent (approx. 39,000 fatalities) compared to 2019 (36,096 fatalities).
In 2021, traffic collisions killed 294 individuals in the City of Los Angeles, a 24 percent increase from 2020, and in 2021, traffic accidents in Los Angeles involving serious injury to pedestrians were up by 45 percent and serious injury to bicyclists was up by 34 percent from 2020.
Exacerbating these fatalities and serious injuries is the growing prevalence of reckless driving and speeding. According to the Department of the California Highway Patrol, in 2021, CHP responded to almost 6,000 street races and sideshows, issuing 2,500 citations statewide, making 87 arrests, and recovering 17 firearms.
Repeat reckless driving and excessive speeding offenders fail to see the potential consequences of their actions and do not believe their behavior poses a threat to those around them, feeling instead they have everything under control, until their reckless behavior turns their vehicle into a deadly weapon “accidentally” harming other motorists and pedestrians.
Although California Vehicle Code (“CVC”) Section 23109 (Attachment 3) makes such street racing and exhibition of speed illegal, there is a certain frustration that the remedies contained in these state statutes do not go far enough to deter both the racing and the attendance of spectators who seem to escalate the desire of the racers to continue the vehicle side show activity.
In October 2022, City staff became aware of two ordinances (Attachment 4 and 5) adopted by the City of Paramount in late 2020. The first ordinance established comprehensive regulations for illegal street racing and declared a vehicle used in violation of CVC Section 23109 as a nuisance. The ordinance established a legal procedure of forfeiture of such vehicle engaged in speed contests or exhibitions of speed. The second ordinance, similar to the City’s Ordinance, allows for the misdemeanor prosecution of spectators at these events.
The primary focus of the City of Paramount’s Ordinance, as related to reckless driving under CVC 23109, allows a police office to declare the vehicle a nuisance. Once declared a nuisance, the vehicle can be seized and impounded, and subject to forfeiture proceedings.
From January 2021 through August 2022 Paramount’s ordinances have been effective as shown on the next page:
Meeting Date: January 3, 2023
137 arrests.
272 Notice to Appear (in court) citations for speeding, modified exhausts, illegal vehicle modifications.
78 Notice to Appear citations for spectators.
145 Administrative Citations (tickets) for spectators. 117 vehicles impounded/stored (25 confiscated).
FISCAL IMPACT
The impoundment of vehicles that are seized due to violating CVC Section 23109 (a) or (c) may potentially be cost neutral as the owner of the vehicle would need to pay the impoundment fees in order to recover the vehicle from the City. Further cost recovery measures, such as allowing for the sale of the vehicle to recover the costs associated with the impoundment, can also be considered for inclusion in an ordinance should that be the City Council’s direction.
Should the City choose to adopt an ordinance similar to the City of Paramount’s there is also a section which allows the legal owner of the vehicle, who may not have been involved in the illegal street racing, to recover the costs for the impoundment against the person who is responsible for the participation of the vehicle in the illegal street racing.
RECOMMENDATION
Staff recommends the City Council provide direction on pursuing the adoption of an ordinance to establish the forfeiture of nuisance vehicles engaged in motor vehicle speed contests or exhibition of speeds.
Mark Stainbrook
Police Chief
Nancy Hunt Coffey
Assistant City Manager
Concurred By Approved By
Attachment 1
STAFF REPORT
Meeting Date: January 15, 2019
To: Honorable Mayor and City Council
From: Cynthia Owens, Policy & Management Analyst
Subject: Proposed Ordinance Prohibiting Spectators at Illegal Speed Contests
Attachments: 1. Draft Ordinance
2. Vehicle Code 23109
3. Vehicle Code 22651.6
INTRODUCTION
Illegal speed contests, also known as street racing, is a concern in cities across California due to the risk of injury to non-participants and participants. Additionally, there are public safety concerns due to the amount of spectators attracted to these events, especially when the illegal speed contest is publicized in advance on social media.
The City Council Legislative/Lobby Committee (Liaisons Vice Mayor Mirisch and Councilmember Friedman) reviewed this item in June 2018 and recommended staff develop an ordinance to address illegal speed contests. This item requests the City Council review the proposed draft ordinance (Attachment 1) and provide direction to staff.
DISCUSSION
The California Vehicle Code prohibits engaging in, or aiding and abetting in, any motor vehicle speed contests, which is defined as “a motor vehicle race against another vehicle, a clock, or other timing device.”
Illegal Speed Contest Statistics
According to the LA Times, since 2000, there have been 179 deaths in Los Angeles County where illegal speed contests were suspected as the cause of the accident. The deadliest year on record was 2007, with 18 fatal crashes. From January 1, 2015 to December 31, 2017, there were a total of 38 fatalities where illegal speed contests were implicated in the cause of death.
Overall, 47 percent of fatalities are the suspected racer, 27 percent are the passenger, 14 percent are an uninvolved motorist, 6 percent are pedestrians, and 5 percent are spectators.
Meeting Date: January 15, 2019
From July 2016 to July 2017, the CHP recorded nearly 700 racing incidents in Los Angeles County. Those races involved roughly 17,000 vehicles and 22,000 people, according to the CHP data.
Where Are Street Racing Deaths Happening
Deaths have occurred all across L.A. County, with the biggest concentration in the small city of Commerce.
Sources: CHP, L.A. County coroner, LAPD, LASD, LA Times analysis Penalties for Participating in an Illegal Speed Contest Engaging in an illegal speed contest in California is considered a misdemeanor for the driver of the vehicle, as well as anyone aiding and abetting in a motor vehicle speed contest. Penalties may include:
Minimum of 1 day and up to 90 days in county jail,
Fine of $355 to a maximum of $1000,
40 hours of community service,
Suspension or restriction of the person’s driver’s license from 90 days to 6 months, and/or
Impound of the vehicle from one to 30 days.
Additionally, should someone be injured during the illegal speed contest, penalties may increase including:
An increase in jail time from 30 days to 6 months and The minimum fine increasing to $500.
Meeting Date: January 15, 2019
Proposed Ordinance
California Vehicle Code 23109 (Attachment 2) governs the enforcement of illegal speed contests for drivers of the vehicles while California Vehicle Code 22651.6 (Attachment 3) allows peace officers to remove vehicles engaged in a speed contest. These regulations do not contain provisions for spectators who intend to be present to watch an illegal speed contest.
Over the past year, there have been five “street take-overs” by vehicles and spectators associated with these types of events. In June 2018, the Legislative/Lobby Liaisons requested staff develop an ordinance to further regulate street racing in Beverly Hills and to advocate for more stringent state penalties.
Staff from the Police Department, Policy and Management, and the City Attorney’s Office developed an ordinance to prohibit spectators at an illegal speed contest or where preparations are being made for an illegal speed contest.
Per the Beverly Hills Municipal Code (BHMC) 1-101, Misdemeanors, Infractions, and Administrative Remedies, violations of the proposed ordinance would be considered a misdemeanor.
Per BHMC 1-3-106, Punishment, a misdemeanor is subject to either a maximum of six months in jail or a fine of one thousand dollars, or both, unless prosecuted as an infraction. Should a violation be punished as an infraction, the first violation would be punishable by a $100 fine. Should a second offense be committed within 12 months, the fine would increase to $200. A third offense, and any subsequent offense, would be subject to a $500 fine.
FISCAL IMPACT
No additional staffing would be required to enforce the ordinance. There may be costs incurred with prosecuting individuals who are present at illegal speed contests, which can be accommodated within the City Council approved budget. There may be a minimal increase in City revenue due to the issuance of fines to the spectators.
RECOMMENDATION
Staff recommends that the City Council provide direction on introducing an ordinance to prohibit spectators at illegal speed contests.
Sandra Spagnoli George Chavez
Concurred By Approved By
Attachment 2
Attachment 3
Attachment 4
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Title 10 VEHICLES AND TRAFFIC
Chapter 10.48 FORFEITURE OF NUISANCE VEHICLES ENGAGED
IN MOTOR VEHICLE SPEED CONTESTS OR EXHIBITIONS OF
SPEED
10.48.010 Findings and purpose.
10.48.020 Definitions.
10.48.030 Nonexclusive remedy.
10.48.040 Seizure and forfeiture of nuisance vehicles.
10.48.050 Seizure of vehicles subject to forfeiture.
10.48.060 Notice of seizure.
10.48.070 Forfeiture and notice of intended forfeiture of vehicle.
10.48.080 Claims opposing forfeiture.
10.48.090 Administrative forfeiture.
10.48.100 Judicial forfeiture proceedings.
10.48.110 Community property interest release.
10.48.120 Stipulated vehicle release agreement.
10.48.130 Vehicle title vesting in the City.
10.48.140 Sale of forfeited vehicle after declaration of forfeiture.
10.48.150 Sale of forfeited vehicle by legal owner.
10.48.160 Sale of forfeited vehicle.
10.48.170 Disposition of low-value vehicles.
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10.48.180 Distribution of sale proceeds.
10.48.190 Accounting of sale proceeds.
10.48.200 Stolen vehicles.
10.48.210 Towing and storage fees.
10.48.220 Recovery of monetary loss.
10.48.010 Findings and purpose.
Certain streets and intersections within the City have been subject to continuing nighttime illegal motor vehicle speed contests and exhibitions of speed over the past several years. Such illegal motor vehicle speed contests and exhibitions of speed constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the City.
These illegal motor vehicle speed contests and exhibitions of speed create an environment where persons engage in automobile performance demonstrations and other activities known as “side show” activity, which is described as dangerous driving behavior for the entertainment of participants and spectators, including, “spinning donuts,” where vehicles are spun in circles; “peeling out,” and reckless driving when fleeing law enforcement.
These illegal motor vehicle speed contests and exhibitions of speed cause considerable damage to the street intersections within the City; consequently, the expenditure of public funds is necessary to repair these damaged intersections.
This chapter is adopted as 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. (Ord. 1134 § 1, 2020)
10.48.020 Definitions.
“City” means the City of Paramount.
“Days” means workdays not including weekends and holidays. “Director of Public Safety” means the Director of Public Safety for the City of Paramount or designee. “Driver” means any person who drives a motor vehicle.
“Exhibition of speed” means any unlawful motor vehicle exhibition of speed as defined by California Vehicle Code Section 23109(c), whether or not the exhibition of speed is attended by persons other than the drivers performing such unlawful activity on City streets. “Immediate family” means father, mother, sister, or brother. 10/25/22, 8:00 AM Chapter 10.48 FORFEITURE OF NUISANCE VEHICLES ENGAGED IN MOTOR VEHICLE SPEED CONTESTS OR EXHIBITIO… https://library.qcode.us/lib/paramount_ca/pub/municipal_code/item/title_10-chapter_10_48?view=all 3/10 “Legal owner” means a person holding a security interest in a vehicle referred to in California Vehicle Code Section 370.
“Motor vehicle” means a vehicle as defined in California Vehicle Code Section 670. “Motor vehicle speed contest” means any unlawful motor vehicle speed contest, as defined by California Vehicle Code Section 23109(a), whether or not the race is attended by persons other than the drivers racing the vehicles on City streets.
“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. (Ord. 1134 § 1, 2020)
10.48.030 Nonexclusive remedy.
This chapter is not the exclusive regulation or penalty for participation in a motor vehicle speed contest or exhibitions 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. (Ord. 1134 § 1, 2020)
10.48.040 Seizure and forfeiture of nuisance vehicles.
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, and as amended from time to time. (Ord. 1134 § 1, 2020)
10.48.050 Seizure of vehicles subject to forfeiture.
A. A peace officer may seize a vehicle subject to forfeiture under this chapter 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:
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1. The seizure is incident to an arrest or search under a search warrant;
2. There is probable cause to believe the vehicle was used in violation of Section 10.48.040.
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 Director of Public Safety 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 Public Safety Director 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 Public Safety Director shall, within two 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 Director of Public Safety 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 two days of the request. The Director of Public Safety shall cause an independent hearing officer to hold the post-hearing proceedings. Failure of either a registered or legal owner to request a hearing as provided in herein or to attend a scheduled hearing shall satisfy the post-seizure hearing requirement. (Ord. 1134 § 1, 2020)
10.48.060 Notice of seizure.
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 Attorney pursuant to Section 10.48.080 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 Attorney or District Attorney. (Ord. 1134 § 1, 2020)
10.48.070 Forfeiture and notice of intended forfeiture of vehicle.
A. The City Attorney may, pursuant to this section, order the forfeiture of vehicles seized under this chapter.
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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 10.48.050(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 Los Angeles newspaper of general circulation.
Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063. (Ord. 1134 § 1, 2020)
10.48.080 Claims opposing forfeiture.
A person claiming an interest in the vehicle seized pursuant to Section 10.48.040, must within 10 days from the date of the notice of intended forfeiture or within 30 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 10 days of the filing of the claim. (Ord. 1134 § 1, 2020)
10.48.090 Administrative forfeiture.
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10.48.100 Judicial forfeiture proceedings.
A. The filing of a claim within the time limit specified in Section 10.48.080 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 10.48.040, 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 10.48.180. 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 chapter.
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. 1134 § 1, 2020)
10.48.110 Community property interest release.
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 Paramount 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 10.48.120, in consideration for the nonforfeiture of the vehicle. (Ord. 1134 § 1, 2020)
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10.48.120 Stipulated vehicle release agreement.
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 Director of Public Safety.
B. No vehicle shall be released pursuant to Section 10.48.110 if the Director of Public Safety has on file a prior stipulated vehicle release agreement signed by that person within the previous five years. (Ord. 1134 § 1, 2020)
10.48.130 Vehicle title vesting in the City.
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. 1134 § 1, 2020)
10.48.140 Sale of forfeited vehicle after declaration of forfeiture.
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
10.48.090 and 10.48.100. (Ord. 1134 § 1, 2020)
10.48.150 Sale of forfeited vehicle by legal owner.
A. Any legal owner who is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this State, or the agent of that legal owner, may take possession and conduct the sale of the forfeited vehicle if the legal owner or agent notifies the Director of Public Safety of its intent to conduct the sale within 15 days of either the mailing of the notice or personal service of the notice pursuant to Section 10.48.070. Sale of the vehicle after forfeiture pursuant to this chapter may be conducted at the time, in the manner, and on the notice usually given for the sale of repossessed or surrendered vehicles. The proceeds of any sale conducted by or on behalf of the legal owner shall be disposed of as provided in Section 10.48.180. A legal owner’s notice to conduct the sale pursuant to this subsection may be presented in person, by certified mail, by facsimile transmission, or by electronic mail.
B. The agent of a legal owner acting pursuant to this section shall be licensed, or exempt from licensure, pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code. (Ord. 1134 § 1, 2020)
10.48.160 Sale of forfeited vehicle.
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10.48.170 Disposition of low-value vehicles.
If the Director of Public Safety 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. 1134 § 1, 2020)
10.48.180 Distribution of sale proceeds.
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 pursuant to Section 10.48.060, 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; provided, however, that any overtime costs incurred by local law enforcement resulting from such enforcement of this chapter will be reimbursed to the City; 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 exhibitions of speed; then
5. Upon satisfactory proof to the Director of Public Safety, 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 10/25/22, 8:00 AM Chapter 10.48 FORFEITURE OF NUISANCE VEHICLES ENGAGED IN MOTOR VEHICLE SPEED CONTESTS OR EXHIBITIO… https://library.qcode.us/lib/paramount_ca/pub/municipal_code/item/title_10-chapter_10_48?view=all 9/10
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, 100% 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.
C. A forfeited vehicle shall not be sold to any person identified under Section 10.48.040 at the time the vehicle was seized. (Ord. 1134 § 1, 2020)
10.48.190 Accounting of sale proceeds.
The person conducting the sale shall disburse the proceeds of the sale as provided in Section 10.48.180 and shall provide a written accounting regarding the disposition to the Director of Public Safety and, on request, to any person entitled to a share of the proceeds to any person validly claiming a share of the proceeds, as determined by the Director of Public Safety, within 15 days after the sale is conducted. (Ord. 1134 § 1, 2020)
10.48.200 Stolen vehicles.
No vehicle shall be sold pursuant to this chapter if the Director of Public Safety 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 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. 1134 § 1, 2020)
10.48.210 Towing and storage fees.
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, storage and administrative for any vehicle impounded pursuant to this chapter shall be set forth by resolution by the City Council. (Ord. 1134 § 1, 2020)
10.48.220 Recovery of monetary loss.
Nothing in this chapter shall preclude an owner of a vehicle who suffers a monetary loss from the forfeiture of a vehicle under this chapter 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. 1134 § 1, 2020) 10/25/22, 8:00 AM Chapter 10.48 FORFEITURE OF NUISANCE VEHICLES ENGAGED IN MOTOR VEHICLE SPEED CONTESTS OR EXHIBITIO… https://library.qcode.us/lib/paramount_ca/pub/municipal_code/item/title_10-chapter_10_48?view=all 10/10 Contact:
City Clerk: 562-220-2225
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use.
Attachment 5
10/25/22, 7:59 AM Chapter 10.52 PROHIBITION OF SPECTATORS AT ILLEGAL MOTOR VEHICLE SPEED CONTESTS AND EXHIBITIONS OF … https://library.qcode.us/lib/paramount_ca/pub/municipal_code/item/title_10-chapter_10_52?view=all 1/4 Paramount, California Municipal Code
Title 10 VEHICLES AND TRAFFIC
Chapter 10.52 PROHIBITION OF SPECTATORS AT ILLEGAL
MOTOR VEHICLE SPEED CONTESTS AND EXHIBITIONS OF
SPEED
10.52.010 Findings and purpose.
10.52.020 Definitions.
10.52.030 Violation—Spectator at illegal motor speed contests or exhibitions of speed.
10.52.040 Relevant circumstances to prove a violation.
10.52.050 Admissibility of prior acts.
10.52.010 Findings and purpose.
A. The streets within the City have been the site of continuing and escalating illegal street races over the past several years despite asserted 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. This chapter targets a very clear, limited population and gives proper notice to citizens as to what activities are lawful and what activities are unlawful. In discouraging spectators, the act of organizing and participating in illegal street races will be discouraged.
B. This chapter is not intended to preempt State law governing the regulation of speed contests or exhibitions of speed but rather compliment such laws by prohibiting spectators at illegal motor vehicle speed contests and exhibitions of speed events. (Ord. 1135 § 1, 2020)
10.52.020 Definitions.
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 Paramount.
“Illegal motor vehicle speed contest(s)” or “illegal exhibition of speed(s)” means any speed contest or exhibition of speed referred to in Vehicle Code Section 23109(a) and (c). 10/25/22, 7:59 AM Chapter 10.52 PROHIBITION OF SPECTATORS AT ILLEGAL MOTOR VEHICLE SPEED CONTESTS AND EXHIBITIONS OF … https://library.qcode.us/lib/paramount_ca/pub/municipal_code/item/title_10-chapter_10_52?view=all 2/4 “Motor vehicle” means a vehicle as defined in Vehicle Code Section 670. “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 his or her engine or spinning his or her 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. “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. 1135 § 1, 2020)
10.52.030 Violation—Spectator at illegal motor speed contests or exhibitions of speed.
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; however, a 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. 10/25/22, 7:59 AM Chapter 10.52 PROHIBITION OF SPECTATORS AT ILLEGAL MOTOR VEHICLE SPEED CONTESTS AND EXHIBITIONS OF … https://library.qcode.us/lib/paramount_ca/pub/municipal_code/item/title_10-chapter_10_52?view=all 3/4 C. Local law enforcement shall also have the authority to cite any spectator in violation of this chapter with an administrative citation.
D. An individual is present at the illegal motor vehicle speed contest or exhibition of speed if that individual is within 500 feet of the location of the event, or within 500 feet of the location where preparations are being made for the event.
E. Exemption. 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. (Ord. 1135 § 1, 2020)
10.52.040 Relevant circumstances to prove a violation.
A. Notwithstanding any other provision of law, to prove a violation of Section 10.52.030, 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.
B. For purposes subsection A, “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. 1135 § 1, 2020)
10.52.050 Admissibility of prior acts.
10/25/22, 7:59 AM Chapter 10.52 PROHIBITION OF SPECTATORS AT ILLEGAL MOTOR VEHICLE SPEED CONTESTS AND EXHIBITIONS OF … https://library.qcode.us/lib/paramount_ca/pub/municipal_code/item/title_10-chapter_10_52?view=all 4/4 The list of circumstances set forth in Section 10.52.040 is not exclusive. Evidence of prior acts may be admissible to show the propensity of the defendant to be present at or attend an illegal motor vehicle speed contest or exhibition of speed, if the prior act or acts occurred within three years of the presently charged offense. These prior acts may always be admissible to show knowledge on the part of the defendant that a speed contest or exhibition of speed was taking place at the time of the presently charged offense. Prior acts are not limited to those that occurred within the City of Paramount. (Ord. 1135 § 1, 2020)
Contact:
City Clerk: 562-220-2225
Published by Quality Code Publishing, Seattle, WA. By using this site, you agree to the terms of use.