Fresno County Municipal Code Ch. 11.46 Seizure and Impound of Nuisance Vehicles

This chapter shall be known and cited as the "Seizure and Impound of Nuisance Vehicles." It is enacted pursuant to the authority granted in Article XI, Section 7 of the California Constitution; and Section 22659.5 of the California Vehicle Code, which permits a city or county to declare a vehicle to be a public nuisance subject to seizure and impoundment when a vehicle is used for certain public offenses.

(Ord. No. 24-009, § 1, 6-4-2024)

For the purposes of this chapter:

A. "Commercial quantities of waste" means an amount of waste matter generated in the course of a trade, business, profession, or occupation, or an amount equal to or in excess of one cubic yard, as defined in paragraph (5) of subdivision (h) of section 374.3 of the California Penal Code, and as may be amended. This does not include the dumping of household waste at a person's own residence.

B. "Hearing officer" means the sheriff-coroner or his or her designee or other regularly salaried employees of the county except the officer(s) or employee(s) who directed the seizure of the vehicle.

C. "Person" means an individual, trust, firm, partnership, joint stock company, joint venture, or corporation.

(Ord. No. 24-009, § 1, 6-4-2024)

A. Any vehicle used in the commission or attempted commission of the following acts shall be declared a public nuisance subject to abatement, and the vehicle may be impounded and abated as provided for in this chapter:

1. Pimping, as defined in section 266h of the California Penal Code, and as may be amended.

2. Pandering, as defined in section 266i of the California Penal Code and as may be amended.

3. Solicitation, as defined in subdivision (b) of section 647 of the California Penal Code, and as may be amended.

4. Dumping of commercial quantities of waste matter in violation of subdivision (h) of section 374.3 of the California Penal Code, and as may be amended.

B. Any person or their servant, agent, or employee who owns, leases, conducts, or maintains any vehicle used for any of the purposes or acts set forth in this definition creates and maintains a public nuisance.

(Ord. No. 24-009, § 1, 6-4-2024)

A vehicle shall be seized and impounded pursuant to this section upon the occurrence of both of the following:

A. A valid arrest of the driver of a vehicle for the commission or attempted commission of an act that violates sections 226h, 226i, 647, subdivision (b), or 374.3, subdivision (h) of the California Penal Code; and

B. At the time of arrest, the owner or operator of the vehicle had a prior conviction of the same offense within the past three years.

(Ord. No. 24-009, § 1, 6-4-2024)

A vehicle seized under this chapter shall be impounded for a period of no more than thirty (30) days. Any period during which a vehicle is subject to storge pursuant to this chapter shall be included as part of the period of impoundment.

(Ord. No. 24-009, § 1, 6-4-2024)

A. Within two working days after impoundment, the sheriff-coroner or his or her designee shall send by mail, or by personal delivery, a notice to the legal and registered owner(s) of the vehicle at the address(es) obtained from the California Department of Motor Vehicles that the vehicle has been impounded. The notice shall also inform the legal and registered owner(s) of an opportunity for a impound hearing to determine the validity of the impound of the vehicle or to determine mitigating circumstances establishing that the vehicle should be released.

B. The notice shall include all of the following information:

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

2. The impound location and description of the vehicle to include, if available, the model or make, the manufacture, the license plate number, and the mileage;

3. The authority and purpose for the removal of the vehicle; and

4. A statement that, in order to receive an impound hearing, the owner(s), or their agents(s), shall request the hearing in person, writing or by telephone within ten (10) days of the date appearing on the notice.

C. If the County fails to give timely notice as required in subsection 11.46.060(A), the County shall be prohibited from charging more than five days of impound costs when the legal owner redeems the impounded vehicle.

D. The impound hearing shall be conducted within forty-eight (48) hours of the request for hearing, excluding weekends and holidays.

E. The hearing officer shall establish whether there are reasonable grounds for the impound of the vehicle and mitigating circumstances establishing the vehicle should be released. The impound hearing shall be conducted in accordance with the procedures set forth in Section 2.81.090, Title 2, of this code.

F. If it is determined at the impound hearing that there are no reasonable grounds for the impound of the vehicle, the County shall be responsible for the costs incurred for the towing and impound of the vehicle.

G. Failure of the legal owner, registered owner, or their respective agents, to request or to attend a scheduled hearing shall satisfy the impound hearing requirement.

H. The County shall maintain a published telephone number that provides information 24 hours a day regarding the impoundment of vehicles and the rights of legal and registered owners to request an impound hearing.

(Ord. No. 24-009, § 1, 6-4-2024)

A. A vehicle impounded pursuant to section 11.46.040 shall be released to the registered owner, or the registered owner's agent, prior to the end of the impoundment period under any of the following circumstances:

1. The driver of the impounded vehicle was arrested without probable cause.

2. The vehicle was stolen.

3. The vehicle is subject to bailment and was driven by an unlicensed employee of a business establishment, including a parking service or repair garage.

4. The driver of the vehicle is not the sole registered owner of the vehicle, and the vehicle is being released to another registered owner who agrees not to allow the driver to use the vehicle until after the end of the impoundment period.

5. The registered owner of the vehicle was neither the driver nor passenger of the vehicle at the time of the alleged violation, or was unaware that the driver was using the vehicle to engage in activities subject to sections 266h or 266i of, or subdivision (b) of section 647 of the California Penal Code.

6. A spouse, a registered domestic partner, or other affected third party objects to the impoundment of the vehicle on the grounds that it would create a hardship if the subject vehicle is the sole vehicle in a household, and the hardship outweighs the seriousness and severity of the act in which the vehicle was used.

B. Notwithstanding any other provision of law, if a vehicle is released prior to the end of the impoundment period defined in Section 11.46.050 because the driver was arrested without probable cause, neither the arrested person nor the registered owner of the vehicle shall be responsible for the towing and impound charges.

C. Except as provided for in Subdivision B of Section 11.46.070, the registered owner or agent of the registered owner shall be responsible for all towing and impound charges related to the impoundment of the vehicle.

(Ord. No. 24-009, § 1, 6-4-2024)

A. A vehicle impounded pursuant to section 11.46.040 shall be released to the legal owner, or the legal owner's agent, prior to the end of the impoundment period, defined in Section 11.46.050, if both of the following conditions are met:

1. The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in California, or is another person who is not the registered owner and holds a security interest in the vehicle; and

2. The legal owner, or the legal owner's agent, pays all of the towing and impound fees related to the seizure and impoundment of the vehicle.

B. The legal owner, or the legal owner's agent, shall present the following documentation to the sheriff-coroner or his or her designee, impounding agency, person in possession of the vehicle, or any person acting on behalf of those agencies:

1. A copy of the assignment as defined in subdivision (b) of section 7500.1 of the California Business Code;

2. A release of liability for the benefit of the County and Fresno County Sheriff's Office for the release of the vehicle;

3. A government-issued photographic identification card; and

4. Any of the following to show proof of legal ownership of the vehicle at the election of the legal owner or the legal owner's agent:

a. A certificate of repossession for the vehicle;

b. A security agreement for the vehicle; or

c. Title (whether or not paperless or electronic).

C. Any documents presented may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The sheriff-coroner or his or her designee, impounding agency, or any person acting on behalf of these agencies shall not require any documents be notarized.

D. The sheriff-coroner or his or her designee, impounding agency, or any person acting on behalf of these agencies may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the California Business and Professions Code, or to demonstrate, to the satisfaction of the sheriff-coroner or his or her designee that the agent is exempt from licensure pursuant to sections 7500.2 or 7500.3 of the California Business and Profession Code.

E. The sheriff-coroner or his or her designee, the impounding agency or any person acting on behalf of these agencies shall not require a legal owner or a legal owner's agent to request an impound hearing as a requirement for release of the vehicle to the legal owner or the legal owner's agent.

F. No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the 15th day of the impoundment period, as defined in Section 11.46.050.

G. The sheriff-coroner or his or her designee, the impoundment agency, nor any person having possession of the vehicle shall collect from the legal owner, as described in Subdivision A.1 of Section 11.56.080, or the legal owner's agent, any administrative charges imposed pursuant to section 22850.5 of the California Vehicle Code, unless the legal owner voluntarily requested an impound hearing.

H. The sheriff-coroner or his or her designee, the impounding agency or any person acting on behalf of these agencies shall not require any documents other than those specified in Subdivision C of Section 11.46.080 for the release of the vehicle. The legal owner or the legal owner's agent shall be given a copy of any documents he or she is required to sign, except for a vehicle evidentiary hold logbook.

I. The sheriff-coroner or his or her designee, the impounding agency or any person acting on behalf of these agencies, or any person in possession of the vehicle may photocopy and retain the copies of any documents presented by the legal owner or legal owner's agent.

J. The legal owner shall indemnify and hold harmless the impound facility in possession of the vehicle from any claims arising out of the release of the vehicle to the legal owner or the legal owner's agent and from any damage to the vehicle after release including the reasonable costs associated with defending any such claims.

K. The legal owner, who meets the requirements for release of a vehicle pursuant to this section, or the legal owner's agent, shall not release the vehicle to the registered owner of the vehicle, or the registered owner's agent (unless the registered owner is a rental car agency) until after the termination of the impoundment period defined in Section 11.46.050.

L. Prior to relinquishing the vehicle to the registered owner, the legal owner may require the registered owner pay all towing and impound charges related to the seizure and impoundment of the vehicle.

(Ord. No. 24-009, § 1, 6-4-2024)

A. A vehicle seized and impounded pursuant to Section 11.46.040 shall be released to a rental car agency prior to the end of the impoundment period, defined in Section 11.46.050, if the following conditions are met:

1. The rental car agency is ether the legal owner or registered owner of the vehicle; and

2. The rental car agency pays all towing and impound fees related to the seizure and impoundment of the vehicle.

B. The rental car agency may continue to rent the vehicle upon recovery of the vehicle. The rental car agency, however, shall not rent another vehicle to the driver of the vehicle that was seized until the impoundment period, defined in Section 11.46.050, has expired.

C. The rental car agency may require the person whom the vehicle was rented to pay all towing and impound charges related to the seizure and impoundment of the vehicle.

(Ord. No. 24-009, § 1, 6-4-2024)

A. A person operating or in charge of an impound facility where vehicles are stored pursuant to this chapter shall accept a valid bank credit card or cash for payment of towing, impound, and related fees by a legal or registered owner, or the legal or registered owner's agent, claiming the vehicle. A credit or debit card shall be in the name of the person presenting the card. For purposes of this section, "credit card" is defined in subsection (a) of section 1747.02 of the California Civil Code and does not include a credit card issued by a retail seller.

B. A person operating or in charge of an impound facility who violates Subsection A of Section 11.46.100 shall be civilly liable to the owner of the vehicle or the person who tendered the fees for four times the amount of the towing, impound, and related fees not to exceed five hundred dollars ($500).

C. A person operating or in charge of an impound facility shall have sufficient funds on the premises of the primary impound facility during normal business hours to accommodate, and make change for, a reasonable monetary transaction.

D. Credit card charges for towing and impound charges shall comply with section 1748.1 of the California Civil Code. The sheriff-coroner or his or her designee may include the costs of providing for payment by credit card when making agreements with towing companies on rates.

E. A failure by an impound facility to comply with any applicable conditions of this section shall not affect the right of the legal owner, or the legal owner's agent, to retrieve the vehicle if all conditions required of the legal owner, or the legal owner's agent, for the release of the vehicle are satisfied.

(Ord. No. 24-009, § 1, 6-4-2024)

As provide for in section 22850.5 of the California Vehicle Code, the County and sheriff-coroner may impose charges equal to the administrative costs relating to the removal, impound, and release of vehicles impounded pursuant to this chapter on the following:

(a) the registered owner or to the agent of the registered owner; or

(b) the legal owner or agent of the legal owner who voluntarily requests an impound hearing.

(Ord. No. 24-009, § 1, 6-4-2024)

This chapter is not the exclusive regulation or penalty for acts related to vehicles used in commission of the public offenses of pimping, pandering, solicitation, and illegal dumping. It supplements and is in addition to other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the County, state or any legal entity or agency having jurisdiction.

(Ord. No. 24-009, § 1, 6-4-2024)

If any portion of this chapter is held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter. The Board hereby declares it would have passed each remaining portion irrespective of the fact that any one or more portions are declared invalid.

(Ord. No. 24-009, § 1, 6-4-2024)