Compton Municipal Code § 7-27 Spectators Prohibited at Illegal Speed Contests, Exhibitions of Speed, Street…

[Ord. #2205, § 1; amended 4-26-2022 by Ord. No. 2343]

The purpose of this section is to protect the health, safety and welfare of the citizens and business owners of the City of Compton by prohibiting spectators at illegal speed contests, exhibitions of speed, street races, street takeovers, sideshows, motorcycle stunting and reckless driving exhibitions with the aim of significantly curbing this criminal activity. This section targets a very clear, limited population and gives proper notice to citizens and non-citizens of the City of Compton as to what activities are lawful and what activities are unlawful. In discouraging spectators, the act of organizing and participating in illegal speed contests, exhibitions of speed, street races, street takeovers, sideshows, motorcycle stunting and reckless driving exhibitions will be discouraged.

[Ord. #2205, § 1; amended 4-26-2022 by Ord. No. 2343; 2-27-2024 by Ord. No. 2357]

The following terms and phrases, as used in this Section, shall be defined as follows:

a. CITY — Shall mean the City of Compton.

b. DAYS — Shall mean workdays, not including weekends and holidays.

c. DRIVER — Shall mean any person who drives a motor vehicle.

d. EVENT — Shall mean any speed contest or exhibition of speed referred to in California Vehicle Code Sections: 23109(a) and 23109(c), as may be amended from time to time.

e. ILLEGAL MOTOR VEHICLE SPEED CONTEST OR ILLEGAL EXHIBITION OF SPEED — Shall mean any speed contest or exhibition of speed referred to in California Vehicle Code §§ 23109(a) and 23109(c), as amended from time to time.

f. IMMEDIATE FAMILY — Shall mean father, mother, sister or brother.

g. LEGAL OWNER — Shall mean a person holding a security interest in a vehicle referred to in California Vehicle Code Section 370.

h. MOTORCYCLE — Shall mean a motor vehicle having a seat or saddle for the use of the rider, designed to travel on not more than three wheels in contact with the ground. Additionally, a motor vehicle that has four wheels in contact with the ground, two of which are a functional part of a sidecar, is a motorcycle as referred to in California Vehicle Code Section: 400(a) and 400(b), as may be amended from time to time.

i. MOTORCYCLE STUNTING — Shall mean any use of a motorcycle for the purpose of acrobatic maneuvering to perform wheelies (the front wheel of the motorcycle comes off the ground), bumouts (keeping the motorcycle stationary and spinning its wheels which results in friction causing the tires to heat up and create smoke), or front wheelies/stoppies (the rear wheel of the motorcycle is lifted by abruptly applying the front brake).

j. MOTOR VEHICLE — Shall mean a vehicle that is self-propelled as referred to in California Vehicle Code Section: 415(a), as may be amended from time to time. Note: An "All-terrain vehicle" (ATV) is a motor vehicle as referred to in California Vehicle Code Section: 111(a), as may be amended from time to time.

k. OFFSTREET PARKING FACILITY — Shall mean any public or private parking facility open and accessible to members of the public as referred to in California Vehicle Code Section: 12500(c), as may be amended from time to time.

l. PREPARATIONS FOR THE ILLEGAL MOTOR VEHICLE SPEED CONTEST OR ILLEGAL EXHIBITION OF SPEED — Shall mean those preparations which include, but are not limited to, situations in which:

1. A group of motor vehicles or motorcycles or individuals has arrived at a location for the purpose of participation in or being spectators at the event;

2. A group of individuals has lined one or both sides of a public street or highway or off street parking facility for the purpose of participating in or being a spectator at the event;

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 or off street parking facility by actions, words, or physical barriers for the purpose of conducting the event;

5. Two (2) or more vehicles have lined up with motor(s) running for an illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting or reckless driving exhibition;

6. One (1) or more drivers are revving his/her engine or spinning his/her tires in preparation for the event;

7. An individual is stationed at or near one or more motor vehicles serving as a race starter; or

8. One (1) or more motor vehicles are driving their vehicle(s) in a circular, semi-circular, straight or figure eight pattern.

m. RECKLESS DRIVING EXHIBITION — Shall mean any exhibition of reckless driving referred to in California Vehicle Code Section: 23101, as may be amended from time to time.

n. REGISTERED OWNER — Shall mean a person registered by the Department of Motor Vehicles as the owner of a vehicle referred to in California Vehicle Code Section 505.

o. SPECTATOR — Shall mean any individual who is within five hundred (500) feet of an illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting and reckless driving exhibition, or at a location where preparations are being made for such activities, for the purpose of viewing, observing, watching, or witnessing 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 arrived by some other means.

p. STREET RACE — Shall mean any motor vehicle speed contest or motor vehicle exhibition of speed referred to in California Vehicle Code Sections: 23109(a) and 23109(c), as may be amended from time to time.

q. STREET TAKEOVER and SIDESHOW — Shall mean an event in which one or more persons block or impede traffic on a street or highway for the purpose of performing motor vehicle stunts, street racing, or reckless driving for spectators referred to in California Vehicle Code Section: 23109(i)(2)(A), as may be amended from time to time.

r. 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 as referred to in California Vehicle Code Section: 670, as may be amended from time to time.

[Ord. #2205, § 1; amended 4-26-2022 by Ord. No. 2343; 2-27-2024 by Ord. No. 2357]

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 consent of the owner, operator, or agent thereof, at an illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting and reckless driving exhibition is guilty of a misdemeanor subject to a maximum of six (6) months in jail and/or a fine of up to $1,000.00.

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 consent of the owner, operator or agent thereof, where preparations are being made for an illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting and reckless driving exhibition is guilty of a misdemeanor subject to a maximum of six (6) months in jail and/or a fine of up to $1,000.00.

c. An individual is present at the illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting or reckless driving exhibition if that individual is within five hundred (500) feet of the location of the event, or within five hundred (500) feet of the location where preparations are being made for the event.

d. Exemption: Nothing in this section prohibits law enforcement officers or their agents from being spectators at an illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting or reckless driving exhibition in the course of their duties.

[Ord. #2205, § 1; amended 4-26-2022 by Ord. No. 2343]

Notwithstanding any other provision of law, to prove a violation of Subsection 7-27.3, admissible evidence may include, but is not limited to, any of the following:

a. Time of day;

b. The nature and description of the scene, including the number and configuration of traffic lanes;

c. The number of people at the scene;

d. The location of the individual charged in relation to any individual or group present at the scene;

e. The number, description and type of motor vehicles at the scene;

f. That the individual charged drove or was transported to the scene;

g. That the motor vehicles at the scene have been modified or altered to increase power, handling, or visual appeal;

h. That the person charged admitted to being a spectator at an illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting or reckless driving exhibition;

i. That the individual charged has previously participated in an illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting or reckless driving exhibition;

j. That the individual charged has previously aided and abetted an illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting or reckless driving exhibition;

k. That the individual charged has previously attended an illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting or reckless driving exhibition;

l. That the individual charged previously was present at a location where preparations were being made for an illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting or reckless driving exhibition.

[Ord. #2205, § 1; amended 4-26-2022 by Ord. No. 2343]

The list of circumstances set forth in Subsection 7-27.4 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, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting or reckless driving exhibition, if the prior act or acts occurred within three (3) years of the presently charged offense. These prior acts may always be admissible to show knowledge on the part of the defendant that an illegal motor vehicle speed contest, exhibition of speed, street race, street takeover, sideshow, motorcycle stunting or reckless driving exhibition was taking place at time of the presently charged offense. Prior acts are not limited to those that occurred within the City of Compton.

[Added 2-27-2024 by Ord. No. 2357]

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. 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 ($2,000).

[Added 2-27-2024 by Ord. No. 2357]

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 Sections 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 § 38771, and as amended from time to time.

[Added 2-27-2024 by Ord. No. 2357]

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:

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 Subsection 7-27.7.

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 its 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 its 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 its designee shall, within ten (10) 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 its designee making the seizure of the vehicle shall provide any potential claimants discovered as a result of the investigation set out in paragraph c. above with the opportunity for a post-seizure hearing to determine the validity of the seizure. The post-seizure hearing shall be conducted within ten (10) 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.

[Added 2-27-2024 by Ord. No. 2357]

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 Subsection 7-27.11 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 its designee, City Attorney or District Attorney.

[Added 2-27-2024 by Ord. No. 2357]

a. The City Manager or its designee may, pursuant to this section, order the forfeiture of vehicles seized under this Chapter.

b. If the City Manager or its designee determines that the factual circumstances warrant forfeiture of the vehicle described in Subsection 7-27.7, the City Manager or its 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 (30) 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 Subsection 7-27.8c.

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.

[Added 2-27-2024 by Ord. No. 2357]

A person claiming an interest in the vehicle seized pursuant to Subsection 7-27.7, must within ten (10) 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 or her interest in the vehicle. An endorsed copy of the claim shall be served upon the City Attorney within ten (10) days of the filing of the claim.

[Added 2-27-2024 by Ord. No. 2357]

If no claims are filed and served within 15 days of the mailing of the notice pursuant to Subsection 7-27.10 or within five (5) 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 Subsection 7-27.8. A claim that is filed and later withdrawn by the claimant shall be deemed to not have been filed.

[Added 2-27-2024 by Ord. No. 2357]

a. The filing of a claim within the time limit specified in Subsection 7-27.11 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 7-27.7, 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 Subsection 7-27.19. 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.

[Added 2-27-2024 by Ord. No. 2357]

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 Compton Municipal Code are paid; and

d. The registered owner and the community property interest owner sign a stipulated vehicle release agreement, as described in Subsection 7-27.15, in consideration for the non-forfeiture of the vehicle.

[Added 2-27-2024 by Ord. No. 2357]

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 Sections 23109(a) or (c). The agreement shall be in effect for five (5) years from the date of signing and shall be maintained by the City Manager or its designee.

b. No vehicle shall be released pursuant to Subsection 7-27.14 if the City Manager or its designee has on file a prior stipulated vehicle release agreement signed by that person within the previous five (5) years.

[Added 2-27-2024 by Ord. No. 2357]

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.

[Added 2-27-2024 by Ord. No. 2357]

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 Subsections 7-27.12 and 7-27.13. The City shall offer the forfeited vehicle for sale at public auction within sixty (60) days of receiving title to the vehicle. Low value vehicles shall be disposed of pursuant to Section 2963.

[Added 2-27-2024 by Ord. No. 2357]

If the City Manager or its designee determines that the vehicle to be forfeited and sold pursuant to this Article 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.

[Added 2-27-2024 by Ord. No. 2357]

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 section; 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 exhibitions of speed; then

5. Upon satisfactory proof to the City Manager or its 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 (100%) shall be transferred to the City via the City Treasurer.

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 section.

c. A forfeited vehicle shall not be sold to any person identified under Subsection 7-27.7 at the time the vehicle was seized.

[Added 2-27-2024 by Ord. No. 2357]

The person conducting the sale shall disburse the proceeds of the sale as provided in Subsection 7-27.9 and shall provide a written accounting regarding the disposition to the City Manager or its designee 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 City Manager or its designee, within fifteen (15) days after the sale is conducted.

[Added 2-27-2024 by Ord. No. 2357]

No vehicle shall be sold pursuant to this Chapter if the City Manager or its 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 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.

[Added 2-27-2024 by Ord. No. 2357]

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.

[Added 2-27-2024 by Ord. No. 2357]

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.