Hawaiian Gardens Municipal Code Ch. 10.22 Street Racing, Sideshows, and Reckless Driving Exhibitions

The findings and determinations reflected in the ordinance providing for the adoption of this chapter are true and correct, and are incorporated by this reference herein. The City Council hereby finds that this chapter is necessary for the current and immediate protection of the public health, safety, and welfare of the City and its residents.

(Ord. No. 2022-603, § 3, 8-23-2022)

For purposes of this chapter, unless a word's context clearly requires otherwise, the following definitions apply:

Days means workdays, not including weekends and holidays.

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.

Immediate family means father, mother, sister, or brother.

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.

Offstreet parking facility has the same meaning as set forth in subdivision (c) of California Vehicle Code Section 12500, as it may be amended from time to time, and includes any public or private parking facility open and accessible to members of the public. Preparations for any street race, sideshow, or reckless driving exhibition include, but are not limited to, any of the following acts done for the purpose of participating in, facilitating, attending, or spectating a street race, sideshow, or reckless driving exhibition:

1. One or more motor vehicles and persons have arrived at a predetermined location on a public street or highway or in an offstreet parking facility;

2. One or more persons have gathered on, or adjacent to, a public street or highway;

3. One or more persons have gathered in an offstreet parking facility;

4. One or more persons have gathered for a sideshow, motorcycle stunting, street race, reckless driving exhibition, or other exhibition;

5. One or more persons have impeded the public use of a public street, highway, or offstreet parking facility by acts, words, or physical barriers;

6. One or more motor vehicles have lined up on a public street, highway, or offstreet parking facility with motors running;

7. One or more drivers engages in an act of "revving" a motor vehicle's engine or causing the motor vehicle's tires to spin while the same vehicle's brakes are engaged; or

8. A person is standing or sitting in allocation for the purpose of acting as a race starter.

A person is present at a street race, reckless driving exhibition, or similar illegal activity if that person is within 200 feet of the location of the activity, including but not limited to the place where such activity begins, continues, ends, or preparations are made.

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.

Scene means the site or location of a street race, sideshow, reckless driving exhibition, or similar illegal activity, or the site or location of the preparations for a street race, sideshow, reckless driving exhibition, or similar illegal activity.

Sideshow means an event in which two or more persons block or impede traffic on a highway for the purpose of performing motor vehicle stunts, street racing, or reckless driving for spectators referred to in subdivision (i)(2)(A) of the California Vehicle Code Section 23109, as it may be amended from time to time.

Spectator means any person who is present at a street race or reckless driving exhibition, or the site of the preparations for either of these activities, for the purpose of viewing, observing, watching, or witnessing the event as it progresses. A spectator includes any person at the location of the event without regard to the means by which the person arrived.

Street race or street racing means any motor vehicle speed contest or motor vehicle exhibition of speed referred to in subdivisions (a) and (c) of California Vehicle Code Section 23109, as it may be amended from time to time.

(Ord. No. 2022-603, § 3, 8-23-2022)

This Chapter is not the exclusive regulation of nor penalty for participation in a motor vehicle speed contest, exhibition of speed, stunting, sideshow, or similar illegal activity. This chapter supplements and is in addition to any other regulatory codes, statutes, and ordinances heretofore or hereinafter enacted by the City, the State, or any other legal entity or agency having jurisdiction.

(Ord. No. 2022-603, § 3, 8-23-2022)

A. It shall be unlawful for any person to be knowingly present as a spectator at a street race, sideshow, or reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility.

B. It shall be unlawful for any person to be knowingly present as a spectator where preparations are being made for a street race, sideshow, or reckless driving exhibition conducted on a public street or highway or in an offstreet parking facility.

C. Nothing in this section prohibits peace officers or their agents who are acting in the course and scope of their official duties from being spectators at a street race, sideshow, or reckless driving exhibition and/or spectators at the location of preparations for any of these illegal activities.

(Ord. No. 2022-603, § 3, 8-23-2022)

A. Violations of California Vehicle Code Sections 23103, et seq., and 23109, et seq. are violations of the City's Municipal Code and enforceable as such. The City's peace officers are authorized to make arrests and issue citations in order to enforce those sections of the Vehicle Code.

B. Notwithstanding any other provision of law, factors to consider in determining if a violation of this chapter has occurred may include, but are not limited to, any of the following:

1. That the person charged has previously participated in or been a spectator at a street race, sideshow, or reckless driving exhibition;

2. That the person charged has previously aided and abetted street racing, sideshows, or reckless driving exhibitions;

3. That the person charged has previously attended a street race, sideshow, or reckless driving exhibition; or

4. To the fullest extent permissible by law, evidence of prior act(s) may be considered to show the plan, opportunity, intent, knowledge, identity, and/or propensity of the person charged to be present at a street race, sideshow, or a reckless driving exhibition if the prior act(s) occurred within three years of the presently charged offense. The prior act(s) may also be admissible to show that, in the absence of a mistake or accident, the person charged had knowledge that a street race, sideshow, or reckless driving exhibition was taking place.

C. In addition to the circumstances set out in subsection B. of this section, and notwithstanding any other provision of law, to prove a violation of any provision of this chapter, factors may also include, but is not limited to, any of the following:

1. The time of day;

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

3. The number of people at the scene;

4. The location of the person charged in relation to any person or group of persons present at the scene;

5. The number and types of motor vehicles at the scene;

6. That the motor vehicles at the scene have been modified or altered to increase power, handling, or visual appeal related to the illegal activity stated in this chapter;

7. That the person charged drove or was transported to the scene; or

8. That the person charged admitted to being a spectator at a street race, sideshow, or reckless driving exhibition, or other similar illegal activity.

(Ord. No. 2022-603, § 3, 8-23-2022)

A motor vehicle may be declared a nuisance and subject to forfeiture under this chapter if:

A. It is used in violation of California Vehicle Code Section 23109(a) or (c) or Section 23103(a) or (b); and

B. Any one or more of the following are true:

1. The registered owner of the vehicle is the driver or a passenger of the vehicle at the time of the violation; or

2. A member of the registered owner's immediate family is the driver or a passenger of 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.

(Ord. No. 2022-603, § 3, 8-23-2022)

A registered or legal owner at the time of the violation may request a hearing pursuant to Section 10.22.080 to determine the validity of a forfeiture action authorized by this chapter.

(Ord. No. 2022-603, § 3, 8-23-2022)

A. The City shall provide the opportunity for a post-storage hearing to determine the validity of the storage to all persons who were the registered and legal owners of the vehicle at the time of impoundment. The hearing request shall be made to the City Clerk not later than ten days after the date the vehicle was impounded. However, the hearing request shall be made within three days after the date the vehicle was impounded if personal service was provided to the registered or legal owner pursuant to Section 10.22.100 and no mailed notice is required.

B. The post-storage hearing shall be conducted not later than 30 after the date it was requested by any person who was the registered and legal owner of the vehicle at the time of impoundment. The hearing shall be conducted by an independent hearing officer. Failure of either a registered owner or legal owner to request a hearing as provided in subdivision A. above, or to attend a scheduled hearing, shall satisfy the post-storage hearing requirement.

(Ord. No. 2022-603, § 3, 8-23-2022)

A. When a violation of California Vehicle Code Section 23109(a) or (c), or Section 23103(a) or (b) occurs and causes a vehicle to be subject to forfeiture under this chapter, the City Manager shall ascertain from the Department of Motor Vehicles the names and addresses of all legal and registered owners of that vehicle.

B. Within seven days of impoundment, the City Manager shall send a notice of forfeiture by certified mail, return receipt requested, to all legal and registered owners of the vehicle proposed for forfeiture. The notice shall be sent to the addresses obtained from the Department of Motor Vehicles.

(Ord. No. 2022-603, § 3, 8-23-2022)

If a legal or registered owner was personally served a notice of forfeiture at the time of the violation which caused a vehicle to be subject to forfeiture under this chapter, and the notice contains all the information required to be provided by Section 10.22.110, no further notice is required to be sent to that owner. However, a notice shall still be sent to other current legal or registered owners of record of the vehicle, if any.

(Ord. No. 2022-603, § 3, 8-23-2022)

The notice shall inform legal and registered owners of the vehicle that the vehicle will be declared a nuisance and forfeited to the City subject to this chapter, and will be sold or otherwise disposed of pursuant Sections 10.22.190, 10.22.200, and 10.22.210. The notice shall also include instructions for filing a claim with the City Clerk, and the time limits for filing such a claim.

(Ord. No. 2022-603, § 3, 8-23-2022)

If no claims are filed and served within 15 days of the mailing of the notice pursuant to Section 10.22.090 or within five days of personal service of the notice pursuant to Section 10.22.100, 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 Sections 10.22.090 and 10.22.100. A claim that is filed and later withdrawn by the claimant shall be deemed to not have been filed.

(Ord. No. 2022-603, § 3, 8-23-2022)

If a claim is timely filed and served with the City Clerk, then the City Manager, at the City Manager's sole discretion may elect to abandon the forfeiture process and return the vehicle to the appropriate owner is the claim is meritorious. If the not, then the City Attorney shall file a petition for forfeiture with the appropriate court within 21 days of the receipt of the claim. The City Attorney shall establish an expedited hearing date in accordance with instructions from the court. Any court filing fee established by the court shall be paid by the claimant made payable to the court, but shall be reimbursed by the City if the claimant prevails.

(Ord. No. 2022-603, § 3, 8-23-2022)

The filing of a claim within the time limit specified in Section 10.22.120 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. 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 such forfeiture proceedings to be initiated.

(Ord. No. 2022-603, § 3, 8-23-2022)

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 of 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 are paid; and

D. The registered owner and the community property interest owner sign a stipulated vehicle release agreement, as described in Section 10.22.160, in consideration for the nonforfeiture of the vehicle.

(Ord. No. 2022-603, § 3, 8-23-2022)

A stipulated vehicle release agreement shall provide for the consent of the signatories to the automatic 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) or 23103(a) or (b). The agreement shall be in effect for five years from the date of signing and shall be maintained by the City Manager.

(Ord. No. 2022-603, § 3, 8-23-2022)

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. No. 2022-603, § 3, 8-23-2022)

Any vehicle forfeited pursuant to this chapter shall be sold once a declaration of forfeiture is issued by the City Manager or an order of forfeiture is issued by a court, as the case may be, pursuant to Sections 10.22.120 and 10.22.140.

(Ord. No. 2022-603, § 3, 8-23-2022)

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 City Manager of its intent to conduct the sale within 15 days of either the mailing of the notice pursuant to Section 10.22.090 or personal service of the notice pursuant to Section 10.22.100. Sale of the vehicle after forfeiture pursuant to this division 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 10.22.220.

B. The agent of a legal owner acting pursuant to subsection 10.22.190A. 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. No. 2022-603, § 3, 8-23-2022)

If the legal owner or agent of the owner does not notify the City Manager of its intent to conduct the sale as provided in Section 10.22.190, the City shall offer the forfeited vehicle for sale at public auction within 60 days of receiving title to the vehicle. Low value vehicles shall be disposed of pursuant to Section 10.22.210.

(Ord. No. 2022-603, § 3, 8-23-2022)

If the City determines that the vehicle to be forfeited and sold pursuant to this division 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. No. 2022-603, § 3, 8-23-2022)

A. The proceeds of a sale of a forfeited vehicle shall be disposed of in the following priority:

1. To satisfy the towing and storage costs following impoundment, the costs of providing notice pursuant to Sections 10.22.090 and 10.22.100, the costs of sale, and the unfunded costs of judicial proceedings, if any; then,

2. To the City for all legal expenditures in connection with the enforcement of this chapter, including, but not limited to, the 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 infrastructure (including but not limited to streets and intersections) damaged as a result of the illegal street racing contest(s), exhibitions of speed, sideshow, or reckless driving exhibition; then

5. Upon satisfactory proof to the City Manager, 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, 100 percent shall be transferred to the City to the attention of the Director of Administrative Services.

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 10.22.060 of this chapter at the time the vehicle was seized.

(Ord. No. 2022-603, § 3, 8-23-2022)

The person conducting the sale shall disburse the proceeds of the sale as provided in Section 10.22.220 and shall provide a written accounting regarding the disposition to the City Manager and, on request, to any person entitled to a share of the proceeds or to any person validly claiming a share of the proceeds, as determined by the City Manager, within 15 days after the sale is conducted.

(Ord. No. 2022-603, § 3, 8-23-2022)

No vehicle shall be sold pursuant to this division if the City Manager determines the vehicle to have been stolen. In this event, the vehicle may be claimed by the legal or registered owner at any time after impoundment. If the identity of the legal and registered owners of the vehicle cannot be reasonably ascertained, the vehicle may be sold.

(Ord. No. 2022-603, § 3, 8-23-2022)

Any owner of a vehicle who suffers any loss due to the forfeiture of any vehicle pursuant to this chapter may recover the amount of the loss form the person who violated California Vehicle Code Sections 23109(a), 23109(c), 23103(a), or 23103(b), which violation(s) gave rise to the nuisance under this division.

(Ord. No. 2022-603, § 3, 8-23-2022)

A. The City shall be responsible for the costs incurred in towing and storage if it is determined that the driver at the time of impoundment did not violate California Vehicle Code Sections 23109(a), 23109(c), 23103(a), or 23103(b) and did not give rise to the nuisance.

B. Charges for towing, storage, and administrative fees for any vehicle impounded pursuant to this chapter shall not exceed the normal towing, storage, and administrative rates for other vehicle towing and storage as set forth by resolution of the City Council.

(Ord. No. 2022-603, § 3, 8-23-2022)