§ 5-26

(a) Certain streets within the City have been subject to continuing and escalating nighttime street racing over the past two years. Such street racing constitutes a nuisance, creates potential hazards to the health and safety of the public, and interferes with pedestrian and vehicular traffic within the City. The illegal races occur on a regular basis in the industrial or warehouse zones of the City. Hundreds of people have been found to form illicit “tracks” along Broad Street and Long Street. Those gathered often block the streets and sidewalks to form the racetrack area, place bets and generally encourage, aid and abet the racing process. (b) Street racers accelerate to extremely high speeds without regard to oncoming traffic, pedestrians, or vehicles parked and moving nearby. The racers move quickly from street to street, racing for several heats and then often moving on to another street upon the arrival of a police unit. Calls for police service, traffic accidents, and property crimes have increased dramatically since 1998; and two murders have also occurred which were motivated by unpaid street racing bets. (c) This chapter is adopted pursuant to the authority granted by Cal. Veh. Code § 21101.4 which allows local authorities to adopt rules and regulations for temporary street closures due to serious and continual criminal activity on portions of the streets recommended for closure. (d) The Council's findings, based upon the recommendation of the Ontario Police Chief in regard to the Cal. Veh. Code § 21101.4 criteria, are as stated in §§ 5-26.02 through 5-26.06. (§ 1, Ord. 2713, eff. June 1, 2000)

(a) "Designated Streets" shall mean those streets which the City Council determines by resolution to meet the criteria identified in Cal. Veh. Code § 21101.4. (b) "Street race" shall mean any unlawful speed contest, as defined by Cal. Veh. Code § 23109, whether or not the race is attended by persons other than the drivers racing vehicles on city streets. (c) "Temporary street closure" shall mean closure for not more than 18 months, pursuant to Cal. Veh. Code § 21101.4(b) (subject to extension) of the abovementioned streets from the hours of 11:00 p.m. on Friday night to 6:00 a.m. Saturday morning, and 11:00 p.m. Saturday night to 6:00 a.m. Sunday morning.

(d) "Violator" shall mean the responsible party for a juvenile violator of this chapter or an adult violator of this chapter. (§ 1, Ord. 2713, eff. June 1, 2000)

(a) Upon the recommendation of the Police Chief, the City Council may from time to time adopt a resolution identifying streets where there are continuing activities that warrant closure of a street in accordance with Cal. Veh. Code § 21101.4. (b) Prior to adopting a resolution identifying designated streets for temporary closure, the City Council shall make the following findings: (1) Serious and continuing criminal activity exists on designated streets within the City which are recommended for temporary closure on weekends between the hours of 11:00 p.m. Friday night and 6:00 a.m. Saturday morning, and 11:00 p.m. Saturday night and 6:00 a.m. Sunday morning. (2) The designated streets have not been designated as through highways or arterial streets; (3) Vehicular or pedestrian traffic on the designated streets contributes to the criminal activity of nighttime street racing; and (4) The temporary closure of the designated streets will not substantially adversely affect traffic flow, safety down the adjacent streets or in the surrounding neighborhoods, the operation of emergency vehicles, performance of municipal or public utility services, or the delivery of freight by commercial vehicles in the area of the highway posed to be temporarily closed. (§ 1, Ord. 2713, eff. June 1, 2000)

(a) Vehicles parked on the designated streets during the time of temporary closure shall be towed pursuant to Cal. Veh. Code § 22651(n). (b) Signs giving notice of the temporary closure shall be posted prior to enforcement of this section, pursuant to Cal. Veh. Code § 21103. Such signs shall be posted at all entrances to the closed streets. Signs at street entrances shall advise that a street is temporarily closed to vehicles and pedestrians; signs shall further advise that the closed street is a tow-away zone, that violators will be cited for a misdemeanor offense, that violators are subject to arrest, and that the maximum penalty is a One Thousand Dollar ($1,000) fine and six (6) months in jail. (c) With the exception of commercial vehicles making deliveries to and from commercial properties adjacent to the designated streets and individuals employed by businesses adjacent to the designated streets and showing identification, no person shall drive, stop, or park a vehicle, or be a pedestrian on a designated street, including the adjacent sidewalk, that has been temporarily closed pursuant to Cal. Veh. Code § 21101.4(b). All individuals violating the temporary street closure of the designated streets are subject to arrest. Violation of this section constitutes a misdemeanor with a fine of One Thousand Dollars ($1,000) per violation. This chapter shall be operative for eighteen (18) months, pursuant to Cal. Veh. Code § 21101.4(b), subject to extension by the City Council. (§ 1, Ord. 2713, eff. June 1, 2000, as amended by § 2, Ord. 2753, eff. February 14, 2002)

(a) Purpose. The City finds and determines that persons who are detained and taken into custody by police personnel for violating temporary street closures at the designated streets impose an extraordinary burden on Police

Department staffing and resources. Police officers supervising detained violators are unavailable to carry out police duties in the field, causing decreases in levels of police protection and public safety in the community. The purpose of this section is to defray the reasonable costs the City incurs to provide extraordinary police services to respond to, detain and supervise violators of temporary street closures. (b) Police services fee established; debt to City. (1) The violator of the temporary street closure shall be liable for a police services fee whenever the City's police personnel respond to, detain and supervise a violator of temporary street closures. The City Council shall establish the amount of the police services fee by resolution. (2) The police services fee charged to the violator of the temporary street closure shall be a debt to the City by the violator. Any violator owing to the City pursuant to this section shall be liable in an action brought by the City in its own name to recover such amount, including reasonable attorneys' fees. (c) Billing. The Chief of Police or his or her designee shall notify the Finance Department in writing of (i) the names and addresses of the violator, (ii) the date and time of the violation of § 5-26.04 of this chapter, (iii) the names of the police personnel who responded to, detained and supervised the violator, and (iv) the date that the violator was reprimanded by the San Bernardino Juvenile Court for the violation (if applicable). The Finance Department may adopt administrative procedures for the purposes of enforcing the provisions of this section. (d) Appeal. Any violator who receives a bill from the Finance Department pursuant to this section may, within fifteen (15) days after receiving such bill, file a written request with the City Clerk appealing the bill. The written appeal shall state the grounds for such appeal and the specific facts and basis for the appeal. The violator is deemed to have received a bill on the third day following the date that the Finance Department caused the bill to be placed in the United States mail. The City Manager, or his or her designee, shall review any written appeal filed with the City Clerk pursuant to this section and shall prepare a written decision on the appeal within thirty (30) days from the date that the written appeal is received by the City Clerk. All decisions by the City Manager, or his or her designee, shall be final. (§ 1, Ord. 2713, eff. June 1, 2000)

Sec. 5-26.06. Citation of persons violating temporary street closures; removal and storage of vehicle; release of stored vehicle; liability for towing and storage fees.

(a) Whenever a peace officer determines that a person was violating the temporary street closure, as described in § 5-26.04 of this Code, the peace officer may immediately cite that person and may cause the removal and storage of the motor vehicle used by that person. A motor vehicle may not be stored for more than 30 days. (b) The registered and legal owner of the vehicle that is removed and seized under subdivision (a) or their agent shall be provided with the opportunity for a storage hearing to determine the validity of the storage. (c) (1) An impounding agency shall release the motor vehicle to the registered owner or his or her agent prior to the conclusion of the impoundment period described in subdivision (a) under any of the following circumstances: (i) If the vehicle is a stolen vehicle. (ii) If the person is alleged to have been parked on designated streets during the time of temporary closure, as described in § 5-26.04 of this Code, was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense. (iii) If the legal owner or registered owner of the vehicle is a rental car agency. (iv) If, prior to the conclusion of the impoundment period, a citation or notice is dismissed, criminal charges are not filed by the City Attorney because of lack of evidence, or the charges are otherwise dismissed by the court. (2) A vehicle shall be released pursuant to this subdivision only if the registered owner or his or her agent presents a currently valid driver's license to operate the vehicle and proof of current vehicle registration, or if ordered by a court.

(d) A vehicle stored or impounded under subdivision (a) shall be released to the legal owner of the vehicle or the legal owner's agent on or before the 30th day of impoundment if all 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 this state, or is another person, not the registered owner, holding a security interest in the vehicle. (2) The legal owner or the legal owner's agent pays all towing and storage fees related to the impoundment of the vehicle. No lien sale processing fee shall be charged to a legal owner who redeems the vehicle on or before the 15th day of impoundment. (3) The legal owner or the legal owner's agent presents foreclosure documents or an affidavit of repossession of the vehicle. (e) (1) The registered owner or his or her agent is responsible for all towing and storage charges related to the impoundment, and any administrative charges authorized by law. (2) Notwithstanding paragraph (1), if the violator was not authorized by the registered owner of the motor vehicle to operate the motor vehicle at the time of the commission of the offense, the court shall order the convicted person to reimburse the registered owner for any towing and storage charges related to the impoundment, and any administrative charges authorized by law and incurred by the registered owner to obtain possession of the vehicle, unless the court finds that the person convicted does not have the ability to pay all or part of these charges. (3) If the vehicle is a rental vehicle, the rental car agency may require the person to whom the vehicle is rented to pay all towing and storage charges related to the impoundment and any administrative charges authorized by law that were incurred by the rental car agency in connection with obtaining possession of the vehicle. (4) The owner shall not be liable for any towing and storage charges related to the impoundment if acquittal or dismissal occurs. (5) The vehicle shall not be sold prior to the defendant's conviction. (6) The impounding agency is responsible for the actual costs incurred by the towing agency as a result of the impoundment should the registered owner be absolved of liability for those charges pursuant to § 5-26.04 of this Code. Notwithstanding this provision, nothing shall prohibit impounding agencies from making prior payment arrangements to satisfy this requirement. (f) Any period in which the vehicle is subjected to storage under this section shall be included as part of the period of impoundment ordered by the court. (§ 1, Ord. 2713, eff. June 1, 2000)

It shall be unlawful for any person to be knowingly present, as a spectator, at any motor vehicle speed contest or exhibition conducted on a public street for the purpose of watching such speed contest or exhibition as it progresses or for watching preparations being made for such a speed contest or exhibition. Violations of this section shall be a misdemeanor. The City Attorney, City Prosecutor, or District Attorney shall have the authority to prosecute any violation of this section as an infraction in the interests of justice. Additionally, the court may determine that the offense is an infraction in which the case shall proceed as if the defendant has been arraigned on an infraction complaint. (§ 2, Ord. 2749, eff. December 6, 2001)

CHAPTER 27: SEIZURE AND FORFEITURE OF VEHICLES USED TO SOLICIT PROSTITUTION, ACQUIRE OR ATTEMPT TO ACQUIRE CONTROLLED SUBSTANCES (REPEALED) *

CHAPTER 27: SEIZURE AND FORFEITURE OF VEHICLES USED TO SOLICIT PROSTITUTION, ACQUIRE OR ATTEMPT TO ACQUIRE CONTROLLED SUBSTANCES (REPEALED) *

• Sections 5-27.01 through 5-27.14, codified from Ord. 2744, eff. October 4, 2001, as amended by Ord. 2748, eff. November 15, 2001, repealed by § 1, Ord. 2890, eff. May 1, 2008.

CHAPTER 28: SEIZURE AND FORFEITURE OF VEHICLES USED TO PARTICIPATE IN MOTOR VEHICLE SPEED CONTESTS (REPEALED) *

CHAPTER 28: SEIZURE AND FORFEITURE OF VEHICLES USED TO PARTICIPATE IN MOTOR VEHICLE SPEED CONTESTS (REPEALED) *

• Sections 5-28.01 through 5-28.14, codified from Ord. 2781, eff. August 14, 2003, repealed by § 2, Ord. 2890, eff. May 1, 2008.

CHAPTER 29: NOISE

CHAPTER 29: NOISE

5-29.01 Declaration of findings and policy 5-29.02 Definitions 5-29.03 Designated noise zones 5-29.04 Exterior noise standards 5-29.05 Interior noise standards 5-29.06 Exemptions 5-29.07 Loud and disturbing noise 5-29.08 Real property maintenance noise regulations 5-29.09 Construction activity noise regulations 5-29.10 Other public agency exceptions 5-29.11 Schools, day care centers, churches, libraries, museums, health care institutions; Special provisions 5-29.12 Sound amplifying equipment 5-29.13 Amplified sound 5-29.14 Motor vehicles 5-29.15 Noise level measurement 5-29.16 Prima facie violation 5-29.17 Penalty 5-29.18 Enforcement and administration 5-29.19 City Manager waiver 5-29.20 Noise abatement program