Calabasas Municipal Code Ch. 9.35 Street Racing—motor Vehicle Forfeiture and Seizure

The city council of the City of Calabasas has determined that:

A. Residents of the City of Calabasas in both urban and rural areas of the city have complained about the nuisances created in their neighborhoods by vehicles that are used in motor vehicle speed contests and exhibitions of speed;

B. Persons who use their vehicles for motor vehicle speed contests and exhibitions of speed endanger the lives of residents of the City of Calabasas, create excessive noise that disturbs the peace and quiet of the city's neighborhoods, threaten the rural aesthetic and cultural resources of officially designated scenic corridors, public parkland, and nationally designated recreation areas, and often bring increased traffic, crowds, litter, drinking in public, gambling, fights, trespassing, graffiti, vandalism, and blight into the areas where the speed contests and exhibitions of speed occur;

C. Persons who engage in speed contests and exhibitions of speed frequently make alterations to the vehicles utilized by removing environmental restraints, for example, modifying exhaust systems of the vehicles in order to increase the potential speed of the vehicles, thereby polluting the environment and further endangering residents of the city; and

D. Speed contests, exhibitions of speed, and the vehicles used in those activities are a public nuisance, and the seizure and forfeiture of such vehicles will abate the nuisances caused by these activities in that the vehicles used for these purposes will no longer be available, and furthermore, other persons contemplating engaging in these activities will be deterred from using vehicles for these purposes.

(Ord. No. 2016-338, § 1(Exh. B), 9-28-2016)

As used in this chapter, the following terms are defined as:

A. "Authorized public officer" is a peace officer with authority to arrest under California Penal Code sections 830 through 830.14, inclusive or as each of those statutes may be amended or reenacted.

B. "Driver" is any person who drives a vehicle.

C. "Exhibition of speed" is a willful act of showing off or displaying a dangerous or imprudent speed in a vehicle on a highway, including, without limitation, excessive acceleration in such a manner as to cause the vehicle's tires to lose traction on the highway, where the presence of another person is known to the driver or may reasonably be anticipated by him or her. In order to constitute an exhibition of speed under this section, there must be spectators or other participants present.

D. "Highway" is a way or place of whatever nature which is used by the public for vehicular travel. It does not include a facility which is specifically designed and legally maintained for the purposes of speed contests or exhibitions of speed.

E. "Speed contest" is a contest where a vehicle is raced on a highway against another vehicle, a clock, or other timing device. In order to constitute a speed contest under this section, at least two (2) vehicles must be assembled or spectators must be present at the event. An event where the time to cover a prescribed route of more than twenty (20) miles is measured, but where the vehicle does not exceed the speed limit, is not a speed contest.

F. "Vehicle" is any transportation device that requires the driver to have in his or her immediate possession a valid driver's license for the appropriate class of vehicle being driven and which transportation device is equipped with a motor.

(Ord. No. 2016-338, § 1(Exh. B), 9-28-2016)

A. Any vehicle used in a speed contest is a nuisance and the vehicle shall be enjoined and abated as provided in this section.

B. Any vehicle used in an exhibition of speed is a nuisance and the vehicle shall be enjoined and abated as provided in this section.

C. Any person or his or her servant, agent, or employee who owns, leases, conducts, or maintains any vehicle used for any of the purposes or acts set forth in this section is responsible for creating a public nuisance.

(Ord. No. 2016-338, § 1(Exh. B), 9-28-2016)

All rights, title, and interest in any vehicle described in Section 9.35.030 shall vest in the City of Calabasas upon commission of the act giving rise to the nuisance under this chapter.

(Ord. No. 2016-338, § 1(Exh. B), 9-28-2016)

A. An authorized public 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. An authorized public officer may seize a vehicle subject to forfeiture under this chapter, without court order, in any of the following circumstances:

1. The seizure is incident to an arrest or search under a search warrant; or

2. There is probable cause to believe the vehicle was used in violation of this chapter.

B. An authorized public 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 seizing public agency as to any potential claimant to a seized vehicle whose right, title, interest, or lien is of record in this or any other state or appropriate federal agency. Within two (2) business days of the vehicle's seizure, the public agency shall send a notice of seizure to all potential claimants whose right, title, interest, or lien did not arise subsequent to the date and time of seizure of the vehicle, if that person or entity was not previously given a notice of seizure, and to the city attorney/city prosecutor for the City of Calabasas.

D. The notice of seizure shall include the following:

1. The name, address, and telephone number of the agency providing the notice;

2. Identifying information for the vehicle seized and the authority and reason for the seizure;

3. A statement that in order to receive their post-seizure hearing, the potential claimant shall request the hearing in person, in writing, or by telephone within ten (10) calendar days of the date of the notice; and

4. The time in which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed.

E. The seizing public agency shall provide any potential claimants discovered as a result of the investigation set out in subsection C of this section with the opportunity for a post-seizure hearing to determine the validity of the seizure. The post-seizure hearing shall be conducted within two (2) business days of the request for the hearing. The public agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed or participated in the seizure of the vehicle. Failure of the potential claimant to request or attend a scheduled hearing within the appropriate time frame shall satisfy the post-seizure requirement.

F. A vehicle seized pursuant to this section may be held as evidence in any proceeding brought by the city attorney/city prosecutor.

(Ord. No. 2016-338, § 1(Exh. B), 9-28-2016)

A. Within fourteen (14) days of receipt of the notice of seizure required in Section 9.35.050, the city attorney/city prosecutor may pursue the forfeiture of vehicles seized under this chapter, as provided in this section. If the city attorney/city prosecutor does not commence forfeiture procedures under this section within that fourteen-day period, title shall revert to the owner and the seized vehicle shall be returned to the owner. If the seized vehicle is returned to the owner because the city attorney/city prosecutor has not commenced forfeiture procedures within said fourteen-day period, the City of Calabasas shall reimburse the public agency which seized the vehicle for the costs associated with the towing, storage, and release of that vehicle.

B. If the city attorney/city prosecutor determines that forfeiture of the seized vehicle is warranted, the city attorney/city prosecutor 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 (30) calendar days of the seizure of the vehicle subject to forfeiture.

C. The notice of intended forfeiture shall be served as follows:

1. By personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to Subsection 9.35.050C.

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 (1) 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; or

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 effected 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. No. 2016-338, § 1(Exh. B), 9-28-2016)

A. A person claiming an interest in the seized vehicle must, within ten (10) calendar days from the date of the notice of intended forfeiture or within thirty (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, her, or its interest in the vehicle. An endorsed copy of the claim shall be served upon the city attorney/city prosecutor within ten (10) calendar days of the filing of the claim.

B. If a verified claim is filed in accordance with this section, the forfeiture proceeding shall be set for hearing within thirty (30) calendar days from the date the claim is filed with the court. The city attorney/city prosecutor shall file a petition for forfeiture with the court within ten (10) calendar days of service of the claim upon the city attorney/city prosecutor. A copy of the petition shall be served upon the claimant.

C. The hearing shall be before the superior court of Los Angeles County. The provisions of the Code of Civil Procedure shall apply to proceedings under this section unless otherwise inconsistent with the provisions or procedures set forth in this section. However, in proceedings under this section, there shall be no joinder of actions, coordination of actions, except for forfeiture proceedings, or cross-complaints, and the issues shall be limited strictly to the questions related to this section. Trial shall be by court or jury.

D. With respect to vehicles described in subsection B of Section 16.82.060 for which forfeiture is sought and as to which forfeiture is contested, the city attorney/city prosecutor shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Section 9.35.030

E. Upon proof that the vehicle was used for any of the purposes set forth in Section 9.35.030, the court shall declare the vehicle a nuisance and order that the vehicle be forfeited, sold, and the proceeds distributed as set forth in Section 9.35.080. 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.

F. If the court rules that the vehicle shall not be forfeited or the city attorney/city prosecutor abandons the forfeiture proceedings prior to a ruling by the court, title to the vehicle shall revert to the owner, the vehicle shall be returned to the owner, and the City of Calabasas shall be responsible for payment of the costs associated with the towing, storage, and release of that vehicle.

G. If no claims are timely filed, the city attorney/city prosecutor shall prepare a written declaration of forfeiture of the vehicle to the county. A written declaration of forfeiture signed by the city attorney/city prosecutor under this section shall be deemed to provide good and sufficient title to the forfeited vehicle. The proceeds from the disposal of the vehicle declared forfeited by the city attorney/city prosecutor shall be distributed in accordance with Section 9.35.080. The city attorney/city prosecutor ordering forfeiture pursuant to this section shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings.

(Ord. No. 2016-338, § 1(Exh. B), 9-28-2016)

The proceeds of the sale of any vehicle forfeited to the city, or if cash is paid as settlement in lieu of forfeiture of the vehicle, the proceeds of the settlement shall be distributed and used in decreasing order of priority as follows:

A. To pay costs associated with the towing, storage, and release of any vehicle seized under this section.

B. To pay costs associated with the sale of the vehicle.

C. To pay a lien holder of record, if any, up to the amount of his, her, or its unsatisfied lien on the vehicle.

D. The remaining funds shall be distributed as follows:

1. First, to the city attorney/city prosecutor in an amount equal to all expenditures, other than personnel costs or costs provided for in subsections A, B, and C of this section, made or incurred in connection with the enforcement of this chapter, including but not limited to, costs for equipment, investigation, supplies, litigation, insurance, and liability resulting from enforcement of this chapter and costs of publication of the notices set forth in Section 9.35.060

2. Second, to the public agency which seized the vehicle under this chapter in an amount equal to all expenditures, other than personnel costs or costs provided for in subsections A, B, and C of this section, made or incurred in connection with enforcement of this chapter, including but not limited to, costs for equipment, investigation, and supplies related to the enforcement.

3. Of any remaining funds, sixty percent (60%) to the seizing public agency, forty percent (40%) to the City of Calabasas general fund, provided that such funds shall be used for the purpose of abating or deterring speed contests and exhibitions of speed and may not be used for personnel costs.

E. For budgeting purposes, funds attributable to this ordinance shall not be considered anticipated general fund revenue.

(Ord. No. 2016-338, § 1(Exh. B), 9-28-2016)

A vehicle that has been reported stolen prior to a seizure under this chapter shall not be subject to forfeiture unless the identity of the registered owner cannot be reasonably ascertained or the registered owner fails to redeem the vehicle within sixty (60) days of the seizure. The registered owner of the vehicle may claim the vehicle upon payment of tow storage and release charges, provided the vehicle is not subject to any holds for traffic or parking violations and the vehicle registration is current.

(Ord. No. 2016-338, § 1(Exh. B), 9-28-2016)

Nothing in this section 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 who committed the act giving rise to forfeiture under this chapter.

(Ord. No. 2016-338, § 1(Exh. B), 9-28-2016)

From the time the city attorney/city prosecutor receives the notice of seizure referred to in Section 9.35.050 to the final decision in any subsequent forfeiture proceedings, the city attorney/city prosecutor has discretion to resolve all proceedings under this chapter on such terms as may be, in the judgment of the city attorney/city prosecutor, in the best interests of the City of Calabasas.

(Ord. No. 2016-338, § 1(Exh. B), 9-28-2016)

If any provision of this chapter is found to be invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

(Ord. No. 2016-338, § 1(Exh. B), 9-28-2016)