Chapter 10.48

FORFEITURE OF NUISANCE VEHICLES ENGAGED IN MOTOR VEHICLE SPEED CONTESTS OR EXHIBITIONS OF SPEED

Certain streets and intersections within the City have been subject to continuing nighttime illegal motor vehicle speed contests and exhibitions of speed over the past several years. Such illegal motor vehicle speed contests and exhibitions of speed constitute a nuisance, create potential hazards to the health and safety of the public, and interfere with pedestrian and vehicular traffic within the City.

These illegal motor vehicle speed contests and exhibitions of speed create an environment where persons engage in automobile performance demonstrations and other activities known as "side show" activity, which is described as dangerous driving behavior for the entertainment of participants and spectators, including, "spinning donuts," where vehicles are spun in circles; "peeling out," and reckless driving when fleeing law enforcement.

These illegal motor vehicle speed contests and exhibitions of speed cause considerable damage to the street intersections within the City; consequently, the expenditure of public funds is necessary to repair these damaged intersections.

This chapter is adopted as means to reduce illegal street racing and exhibitions of speed in the City by declaring the vehicles that are used in street racing activities and exhibitions of speed as nuisances and authorizing their seizure and forfeiture. (Ord. 1134 § 1, 2020)

"City" means the City of Paramount.

"Days" means workdays not including weekends and holidays.

"Director of Public Safety" means the Director of Public Safety for the City of Paramount or designee.

"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 on City streets.

"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.

"Reckless driving" means a person who drives a vehicle upon a highway in willful or wanton disregard for the safety of persons or property as defined by California Vehicle Code Section 23103.

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City of Paramount, CA § 10.48.020

PARAMOUNT CODE

§ 10.48.050

"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.

(Ord. 1134 § 1, 2020; Ord. 1182, 2/27/2024)

This chapter is not the exclusive regulation or penalty for participation in a motor vehicle speed contest or exhibitions of speed. It supplements and is in addition to any other regulatory codes, statutes, and ordinances heretofore or hereafter enacted by the City, the State or any other legal entity or agency having jurisdiction.

(Ord. 1134 § 1, 2020)

A motor vehicle shall be declared a nuisance and shall be seized and subject to forfeiture under this Article if:

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

• B.

  1. It is driven by the registered owner of the vehicle at the time of the violation or the registered owner is a passenger in the vehicle at the time of the violation, or

  2. 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

  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;

• C. Declaration of this nuisance is made in accordance with the authority granted to the City in California Government Code Section 38771, and as amended from time to time.

• (Ord. 1134 § 1, 2020; Ord. 1182, 2/27/2024)

• A. A peace officer may seize a vehicle subject to forfeiture under this chapter upon the issuance of an order by a court having jurisdiction of the vehicle. Seizure without court order may be made in any of the following circumstances:

  1. The seizure is incident to an arrest or search under a search warrant;

  2. There is probable cause to believe the vehicle was used in violation of Section 10.48.040.

• B. A peace officer seizing a vehicle under this section shall complete a receipt in accordance with Penal Code Section 1412 and deliver it to the person from whose possession the vehicle was seized.

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City of Paramount, CA § 10.48.050

VEHICLES AND TRAFFIC

§ 10.48.070

• C. An immediate investigation shall be made by the Director of Public Safety 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 Public Safety Director 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 Public Safety Director shall, within five 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 Director of Public Safety making the seizure of the vehicle shall provide any potential claimants discovered as a result of the investigation set out in subsection C with the opportunity for a post-seizure hearing to determine the validity of the seizure. The postseizure hearing shall be conducted within 10 days of the request. The Director of Public Safety shall cause an independent hearing officer to hold the post-hearing proceedings. Failure of either a registered or legal owner to request a hearing as provided in Section 10.48.050 or to attend a scheduled hearing shall satisfy the post-seizure hearing requirement.

• (Ord. 1134 § 1, 2020; Ord. 1182, 2/27/2024)

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 forfeiture of the vehicle.

• D. The instructions for filing and serving a claim with the City Attorney pursuant to Section 10.48.080 and time limits for filing a claim.

• E. A vehicle seized pursuant to this chapter, where appropriate, may be held as evidence in any proceeding brought by the City Attorney or District Attorney.

• (Ord. 1134 § 1, 2020)

• A. The City Attorney may, pursuant to this section, order the forfeiture of vehicles seized under this chapter.

• B. If the City Attorney determines that the factual circumstances warrant forfeiture of the vehicle described in Section 10.48.040, the City Attorney 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 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 10.48.050(C).

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City of Paramount, CA

PARAMOUNT CODE

§ 10.48.070

§ 10.48.100

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 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 Los Angeles newspaper of general circulation. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.

(Ord. 1134 § 1, 2020)

A person claiming an interest in the vehicle seized pursuant to Section 10.48.040, must within 10 days from the date of the notice of intended forfeiture or within 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 Attorney within 10 days of the filing of the claim. (Ord. 1134 § 1, 2020)

If no claims are filed and served within 15 days of the mailing of the notice pursuant to Section 10.48.070 or within five days of personal service of the notice, 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 Section 10.48.050. A claim that is filed and later withdrawn by the claimant shall be deemed to not have been filed. (Ord. 1134 § 1, 2020)

• A. The filing of a claim within the time limit specified in Section 10.48.080 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.

• B. Upon proof that the vehicle was used for any of the purposes set forth in Section 10.48.040, the court shall declare the vehicle a nuisance and order that the vehicle be forfeited and the

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City of Paramount, CA § 10.48.100

VEHICLES AND TRAFFIC

§ 10.48.140

proceeds upon sale distributed as set forth in Section 10.48.180. The court may make a different distribution of the proceeds, if the court finds that the claimant did not know that the vehicle was used for a purpose that constitutes a violation of this chapter.

• C. 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 these forfeiture proceedings to be initiated.

• (Ord. 1134 § 1, 2020)

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 or 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 and the Paramount Municipal Code are paid; and

• D. The registered owner and the community property interest owner sign a stipulated vehicle release agreement, as described in Section 10.48.120, in consideration for the nonforfeiture of the vehicle.

• (Ord. 1134 § 1, 2020)

• A. A stipulated vehicle release agreement shall provide for the consent of the signers to the automatic future 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 Section 23103, 23109(a) or (c). The agreement shall be in effect for five years from the date of signing and shall be maintained by the Director of Public Safety.

• B. No vehicle shall be released pursuant to Section 10.48.110 if the Director of Public Safety has on file a prior stipulated vehicle release agreement signed by that person within the previous five years.

• (Ord. 1134 § 1, 2020; Ord. 1182, 2/27/2024)

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. 1134 § 1, 2020)

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City of Paramount, CA § 10.48.140

PARAMOUNT CODE

§ 10.48.180

Any vehicle forfeited pursuant to this chapter 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 Sections 10.48.090 and 10.48.100.

(Ord. 1134 § 1, 2020)

• 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 Director of Public Safety of its intent to conduct the sale within 15 days of either the mailing of the notice or personal service of the notice pursuant to Section 10.48.070. Sale of the vehicle after forfeiture pursuant to this chapter 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 10.48.180. A legal owner's notice to conduct the sale pursuant to this subsection may be presented in person, by certified mail, by facsimile transmission, or by electronic mail.

• B. The agent of a legal owner acting pursuant to this section 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. 1134 § 1, 2020)

If the legal owner or agent of the owner does not notify the Director of Public Safety of its intent to conduct the sale as provided in Section 10.48.150, 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 10.48.170.

(Ord. 1134 § 1, 2020)

If the Director of Public Safety determines that the vehicle to be forfeited and sold pursuant to this chapter 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. 1134 § 1, 2020)

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

  1. To satisfy the towing, storage and administrative costs following impoundment, the costs of providing notice pursuant to Section 10.48.060, the costs of sale, and the unfunded costs of judicial proceedings, if any; then

  2. To the City for all legal expenditures, made or incurred by the City Attorney's office in connection with the enforcement of this chapter, including, but not limited to, costs

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City of Paramount, CA § 10.48.180

VEHICLES AND TRAFFIC

§ 10.48.200

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 streets or intersections damaged as a result of the illegal street racing contest(s) or exhibitions of speed; then

5. Upon satisfactory proof to the Director of Public Safety, 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% shall be transferred to the City via the Finance Director.

• 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 10.48.040 at the time the vehicle was seized.

• (Ord. 1134 § 1, 2020)

The person conducting the sale shall disburse the proceeds of the sale as provided in Section 10.48.180 and shall provide a written accounting regarding the disposition to the Director of Public Safety and, on request, to any person entitled to a share of the proceeds to any person validly claiming a share of the proceeds, as determined by the Director of Public Safety, within 15 days after the sale is conducted.

(Ord. 1134 § 1, 2020)

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City of Paramount, CA § 10.48.200

PARAMOUNT CODE

§ 10.48.220

No vehicle shall be sold pursuant to this chapter if the Director of Public Safety 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 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. 1134 § 1, 2020)

• 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 California Vehicle Code Section 23109(a) or (c) and did not give rise to the nuisance.

• B. Charges for towing, storage and administrative for any vehicle impounded pursuant to this chapter shall be set forth by resolution by the City Council.

• (Ord. 1134 § 1, 2020)

Nothing in this chapter shall preclude an owner of a vehicle who suffers a monetary loss from the forfeiture of a vehicle under this chapter from recovering the amount of the actual monetary loss from the person(s) who committed the act giving rise to forfeiture under this chapter. (Ord. 1134 § 1, 2020)

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City of Paramount, CA § 10.52.010

VEHICLES AND TRAFFIC

§ 10.52.020