Oakland Municipal Code Art. I Purpose and Introductory Sections

The purpose of this chapter is to enact the provisions of California Vehicle Code Section 22659.5 that authorizes cities to adopt legislation for the seizure and impoundment of vehicles involved in prostitution, pandering, pimping and/or illegal dumping.

(Ord. No. 13195, § 2, 10-15-2013)

For the purpose of this chapter the following words and phrases shall mean and include:

A. "Illegal dumping" means to dump or to cause to be dumped waste matter in violation of California Penal Code Section 374.3.

B. "Nuisance vehicle" means any vehicle used to agree to or engage in an act of prostitution, pandering, or pimping or to illegally dump; such vehicle is a nuisance.

C. "Pandering" means procuring another person for the purpose of prostitution, a crime pursuant to California Penal Code Section 266i.

D. "Pimping" means deriving support or maintenance from the earning or proceeds of a prostitute, a crime pursuant to California Penal Code Section 266h.

E. "Prosecuting agency" means the District Attorney or the City Attorney.

F. "Prostitution" means the solicitation of, agreement to engage in, or engaging in any act of prostitution, as defined in California Penal Code Section 647(b).

G. "Vehicle" means a motor vehicle as defined in California Vehicle Code Section 415.

(Ord. No. 13195, § 2, 10-15-2013)

Any vehicle is declared a public nuisance and is subject to seizure and impoundment of up to 30 days if all of the following are met:

A. The vehicle is used in the commission of or attempted commission of prostitution, pandering, or pimping, or illegal dumping.

B. The owner or operator of the vehicle has had a prior conviction for the same offense or any combination of offenses that this chapter applies to within the three years prior to an arrest for a violation of one of offenses.

C. The driver has been subject to a valid arrest for a violation of the California Penal Code Sections set out in Subsection A above.

(Ord. No. 13195, § 2, 10-15-2013)