Modesto Municipal Code Art. 21 Sideshows, Street Races, and Reckless Driving Exhibitions

For purposes of this article, the following definitions shall apply:

(a) "Offstreet Parking Facility" is defined in subdivision (c) of California Vehicle Code Section 12500, as may be amended.

(b) "Participant" means any individual driving a vehicle which is found to have engaged in a Reckless Driving Exhibition, as referred to in California Vehicle Code Section 23103.

(c) "Passenger" means any individual riding in a vehicle which is found to have engaged in a Reckless Driving Exhibition, Street Race, or Sideshow.

(d) "Preparations" for any Sideshow, Street Race, or Reckless Driving Exhibition include, but are not limited to, any of the following acts done for the purpose of a Side Show, Street Race, or Reckless Driving Exhibition:

(1) One (1) or more motor vehicles and persons have arrived at a location on a public street or highway or in an Offstreet Parking Facility for the purpose of participating in or observing a Sideshow, Street Race, or Reckless Driving Exhibition;

(2) One (1) or more persons have gathered on, or adjacent to, a public street or highway for the purpose of participating in or observing a Sideshow, Street Race, or Reckless Driving Exhibition;

(3) One (1) or more persons have gathered in an Offstreet Parking Facility for the purpose of participating in or observing a Sideshow, Street Race, or Reckless Driving Exhibition;

(4) One (1) or more persons have impeded the free public use of a public street, highway, or Offstreet Parking Facility by acts, words, or physical barriers for the purpose of participating in or observing a Sideshow, Street Race, or Reckless Driving Exhibition;

(5) One (1) or more motor vehicles have lined up on a public street, highway, or Offstreet Parking Facility with motors running for the purpose of participating in or observing a Sideshow, Street Race, or Reckless Driving Exhibition;

(6) One (1) or more drivers are revving a motor vehicle's engine or causing the motor vehicle's tires to spin; or

(7) A person is standing or sitting in a location to act as a race starter.

(e) "Present" means a Spectator is within two hundred (200) feet of the location of the Sideshow, Street Race, or Reckless Driving Exhibition, or within two hundred (200) feet of the site of the Preparations for either of these activities.

(f) "Reckless Driving Exhibition" shall mean any exhibition of reckless driving referred to in California Vehicle Code Section 23103, as may be amended.

(g) "Scene" shall mean the location of the Sideshow, Street Race, or Reckless Driving Exhibition or the location of the Preparations for the Sideshow, Street Race, or Reckless Driving Exhibition.

(h) "Sideshow" shall mean an event in which two (2) or more persons perform motor vehicle stunts, motor vehicle speed contests, motor vehicle exhibitions of speed, or reckless driving, on a highway, street, or Offstreet parking facility.

(i) "Spectator" shall mean any person who is present at a Sideshow, Street Race, or Reckless Driving Exhibition, or the site of the Preparations for any 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.

(j) "Street Race" 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 may be amended.

(Ord. No. 3768-C.S., § 2, effective 9-7-23)

(a) It shall be unlawful for any person to:

(1) Knowingly participate as a driver at a Sideshow, Street Race, or Reckless Driving Exhibition conducted on a public street or highway or in an Offstreet Parking Facility; or

(2) Be knowingly present as a Passenger at a Sideshow, Street Race or Reckless Driving Exhibition conducted on a public street or highway or in an Offstreet Parking Facility.

(Ord. No. 3768-C.S., § 2, effective 9-7-23)

(a) It shall be unlawful for any person to:

(1) Be knowingly present as a Spectator at a Sideshow, Street Race, or Reckless Driving Exhibition conducted on a public street or highway or in an Offstreet Parking Facility.

(2) Be knowingly present as a Spectator where Preparations are being made for a Sideshow, Street Race, or Reckless Driving Exhibition conducted on a public street or highway or in an Offstreet Parking Facility.

(b) Nothing in this article prohibits peace officers, medical professionals, firefighters, or their agents who are acting in the course of their official duties from being Spectators at a Sideshow, Street Race, or Reckless Driving Exhibition or Spectators at the location of Preparations for any of these activities.

(Ord. No. 3768-C.S., § 2, effective 9-7-23)

(a) To prove a violation of this article, admissible evidence may include, but is not limited to, any of the following:

(1) That the person charged has previously participated in or been a Spectator at a Sideshow, Street Race or Reckless Driving Exhibition;

(2) That the person charged has previously aided and abetted a Sideshow, Street Race, or Reckless Driving Exhibition;

(3) That the person charged has previously attended a Sideshow, Street Race, or Reckless Driving Exhibition; or

(4) That the person charged was previously present at a location where Preparations were being made for a Sideshow, Street Race, or Reckless Driving Exhibition, or where a Sideshow, Street Race, or Reckless Driving Exhibition was in progress.

(5) Evidence of these prior acts may be admissible, to the fullest extent permissible by law, to show the opportunity, intent, plan, knowledge, identity, or the absence of mistake or accident, or propensity of the defendant to be present at or attend a Sideshow, Street Race, 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 a Sideshow, Street Race, or Reckless Driving Exhibition was taking place.

(b) In addition to the circumstances set out in subsection (a) above, to prove a violation of this article, admissible evidence 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 descriptions 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; and/or

(7) That the person charged drove or was transported to the Scene.

(Ord. No. 3768-C.S., § 2, effective 9-7-23)

(a) It shall be unlawful for any person to knowingly encourage, promote, instigate, assist, facilitate, aide, or abet the gathering of persons as Spectators at a Side

(b) It shall be unlawful for any person to knowingly encourage, promote, instigate, assist, facilitate, aide, or abet the gathering of persons as Spectators where Preparations are being made for a Side show, Street Race, or Reckless Driving Exhibition conducted on a public street or highway, or in an Offstreet Parking Facility.

(Ord. No. 3768-C.S., § 2, effective 9-7-23)

(a) A violation of any of the provisions of Section 3-2.2103 may result in the issuance of an administrative citation, and the City may, at its discretion, seek an administrative fine of up to two thousand five hundred dollars ($2,500.00).

(b) A violation of any of the provisions of Section 3-2.2105 may result in the issuance of an administrative citation, and the City may, at its discretion, seek an administrative fine of up to three thousand dollars ($3,000.00).

(c) A violation of any of the provisions of Section 3-2.2102 may result in the issuance of an administrative citation, and the City may, at its discretion, seek an administrative fine of up to three thousand five hundred dollars ($3,500.00).

(d) A violation of any of the provisions of Sections 3-2.2102, 3-2103, or 3-2.2105 may also be punishable as a misdemeanor, or as provided under any remedy available at law.

(Ord. No. 3768-C.S., § 2, effective 9-7-23)

(a) A motor vehicle shall be declared a nuisance and may be seized and subject to forfeiture under this article if:

(1) It is used in a Sideshow; and

(2) It is driven by the registered owner of the vehicle at the time of the violation, or

(3) The registered owner is a passenger in the vehicle at the time of the violation; or

(4) 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

(5) The driver or a passenger lives at the same address as the registered owner at the time of the violation; or

(6) The driver or a passenger in the vehicle at the time of the violation has prior contact in the vehicle, as determined by law enforcement records.

(Ord. No. 3768-C.S., § 2, effective 9-7-23)

(a) A peace officer may seize a vehicle subject to forfeiture under this article upon the issuance of an order by a court having jurisdiction over the vehicle. Seizure without a court order may be made if there is probable cause to believe that the vehicle was used in violation of this article.

(b) A peace officer seizing a vehicle under this article 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 his or her 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 his or her 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 his or her 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 his or her designee making the seizure of the vehicle shall provide any potential claimants discovered as a result of the investigation set out in subsection (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 two (2) business 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.

(Ord. No. 3768-C.S., § 2, effective 9-7-23)

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 the forfeiture of the vehicle.

(d) The instructions for filing and serving a claim with the City Clerk pursuant to Section 3-2.2108 and time limits for filing a claim.

(e) A vehicle seized pursuant to this article, where appropriate, may be held as evidence in any proceeding brought by the City Manager or his or her designee, City Attorney or District Attorney.

(Ord. No. 3768-C.S., § 2, effective 9-7-23)

(a) The City Manager or his or her designee may, pursuant to this section, order the forfeiture of vehicles seized under this article.

(b) If the City Manager or his or her designee determines that the factual circumstances warrant forfeiture of the vehicle described in Section 3-2.2107, the City Manager or his or her 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 Section 3-2.2108(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 (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.

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.

(Ord. No. 3768-C.S., § 2, effective 9-7-23)

(a) A person claiming an interest in the vehicle seized pursuant to the Article shall, within ten (10) days from the date of receipt 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 Clerk within ten (10) days of the filing of the claim.

(b) If a verified claim is timely filed, the City Attorney or District Attorney shall institute a forfeiture proceeding by filing a petition for forfeiture with the Superior Court of Stanislaus County within thirty (30) days of the receipt of the claim and by setting the matter for a hearing on a day not less than thirty (30) days therefrom. If a petition for forfeiture and opposition is filed with the court, claimant will receive a filed endorsed copy of the claim; and the petition for forfeiture with the date, time, and location of the court hearing.

(c) The provisions of the Code of Civil Procedure shall apply to proceedings under this article unless otherwise inconsistent with the provisions or procedures set forth in this article. However, in proceedings under this article, there shall be no joinder of actions, or coordination of actions, except for forfeiture proceedings or cross-complaints, and the issues shall be limited strictly to the questions related to this article.

(d) With respect to vehicles described in Section 3-2.2107 for which forfeiture is sought and as to which forfeiture is contested, the City shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Section 3-2.2107. Trial shall be before the court or jury.

(e) Upon proof that the vehicle was used for any of the purposes set forth in Section 3-2.2107, the court shall declare the vehicle a nuisance and order title and ownership of the vehicle transferred to the City of Modesto and disposal of the vehicle as set forth in this article.

(f) If no claims are timely filed in response to the notice issued pursuant to subsection (b), the City Attorney or the District Attorney shall prepare a written declaration of forfeiture of the vehicle to the City and dispose of the property in accordance with this article. A written declaration of forfeiture signed by the City Attorney or District Attorney under this section shall be deemed to provide good and sufficient title to the forfeited property. The City Attorney or District Attorney ordering forfeiture pursuant to this section shall provide a copy of the declaration of forfeiture to any person who received notice of the intended forfeiture proceedings.

(Ord. No. 3768-C.S., § 2, effective 9-7-23)

Any vehicle forfeited pursuant to this article 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 the provisions of this article. 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 under existing procedures.

(Ord. No. 3768-C.S., § 2, effective 9-7-23)

If the City Manager or his or her 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.

(Ord. No. 3768-C.S., § 2, effective 9-7-23)

The Police Department shall establish a policy for the distribution of proceeds prior to the sale of any forfeited vehicle pursuant to Section 3-2.2112.

(Ord. No. 3768-C.S., § 2, effective 9-7-23)

No vehicle shall be sold pursuant to this article if the City Manager or his or her 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 the 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. No. 3768-C.S., § 2, effective 9-7-23)

(a) The registered owner of the vehicle is responsible for the costs incurred for towing and storage.

(b) Notwithstanding subdivision (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 this article and did not give rise to the nuisance.

(Ord. No. 3768-C.S., § 2, effective 9-7-23)

Nothing in this article 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 article.

(Ord. No. 3768-C.S., § 2, effective 9-7-23)