San Diego Municipal Code Div. 51 Temporary Street Closures Due to

Serious and Continual Criminal Activity (“Temporary Street Closures Due to Serious and Continual Criminal Activity” added 10–16–2000 by O–18870 N.S.)

The Council for the City of San Diego finds and declares that:

(a) Certain streets within the City of San Diego have been the site of
continuing and escalating illegal street racing over the past several
years. Such street racing threatens the health and safety of the public,
interferes with pedestrian and vehicular traffic, creates a public
nuisance, and interferes with the right of private business owners to
enjoy the use of their property within the City of San Diego. The
illegal street races occur on a regular basis on certain streets within the
City. Hundreds of racers and spectators gather on these streets late at
night and in the early morning hours, block the streets and sidewalks
to traffic, form a racetrack area, place bets, and otherwise encourage,
aid, and abet the racing process.

(b) Illegal street racers accelerate to high speeds without regard to
oncoming traffic, pedestrians, or vehicles parked or moving nearby.
The racers drive quickly from street to street, race for several heats,
and then move to other locations upon the arrival of the police. Calls
for police service, traffic accidents, and property crimes have
increased dramatically. This Division is adopted pursuant to the
authority granted by California Vehicle Code section 21101.4, which
allows a local authority to adopt rules and regulations for temporary
street closures due to serious and continual criminal activity.
(“Purpose” added 10-16-2000 by O-18870 N.S.)

(a) “Designated streets” shall mean those streets or highways and the adjacent sidewalks, which the City Council determines by resolution, meet the criteria set forth in California Vehicle Code section 21101.4.

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(b) “Temporary street closure” shall mean the closure of designated streets as set
forth by resolution of the City Council, after a public hearing, for not more
than eighteen months, but subject to extension, as set forth in Vehicle Code
section 21101.4.

(c) “Violator” shall mean the responsible party for a juvenile violator of
this Division or an adult violator of this Division.
(“Definitions” added 10-16-2000 by O-18870 N.S.)

(a) Upon the recommendation of the San Diego Police Department, the City Council may adopt a resolution identifying streets where there are problems of serious and continual criminal activity that supports the closure of a designated street in accordance with California Vehicle Code section 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 continual criminal activity is occurring on the
designated street recommended for temporary closure;

(2) The designated street has not been designated as a through
highway or arterial street;

(3) Vehicular or pedestrian traffic on the designated street
contributes to the criminal activity; and

(4) The closure of the designated street will not substantially
adversely affect traffic flow, safety on the adjacent streets or in
the surrounding neighborhoods, the operation of emergency
vehicles, the performance of municipal or public utility
services, or the delivery of freight by commercial vehicles in
the area of the street or highway proposed to be temporarily
closed.
(“Identification of Designated Streets” added 10-16-2000 by O-18870 N.S.)

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(a) 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 California Vehicle Code section 21101.4. Violation of this section is a misdemeanor subject to a maximum of six months in jail and a fine of $1,000.

(b) Signs giving notice of the temporary closure shall be posted prior to
enforcement of this section, pursuant to Vehicle Code section 21103.
Such signs shall be posted at all entrances to the designated streets.
Signs shall advise of the temporary street closure days and hours.
Signs shall also advise that designated streets are tow-away zones and
that violators will be subject to prosecution for a misdemeanor
offense.

(c) All vehicles stopped or parked on designated streets during the time of
temporary closure shall be towed pursuant to Vehicle Code section
22651(n).
(“Temporary Street Closure Violation” added 10-16-2000 by O-18870 N.S.)

(a) This temporary street closure shall not apply to emergency or law enforcement personnel in emergency or law enforcement vehicles; City, County, or State employees in government vehicles acting within the scope of their official duties; 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 upon request by law enforcement personnel. (“Temporary Street Closure Exceptions” added 10-16-2000 by O-18870 N.S.)

Towing and Storage Fees

(a) Whenever any vehicle is driven, parked, or left standing on a designated street
that has been temporarily closed, a peace officer may remove, impound, and
store the vehicle. A motor vehicle may be impounded for not more than thirty
days.

(b) The registered and legal owner of a vehicle that is removed and
impounded or his or her agent shall be provided with the opportunity
for a storage hearing to determine the validity of the storage.

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(c) An impounding agency shall release a motor vehicle to the registered
owner or his or her agent prior to the conclusion of the impoundment
period described in this section under any of the following
circumstances:

(1) If the impounded vehicle is a stolen vehicle.

(2) If the person alleged to be a driver on designated streets during
the time of temporary closure was not authorized by the
registered owner of the impounded vehicle to operate the
vehicle at the time of the commission of the offense.

(3) If the legal owner or registered owner of the impounded
vehicle is a rental car agency.

(4) If, prior to the conclusion of the impoundment period, criminal
charges are not filed because of a lack of evidence, or the
criminal charges are dismissed by the court.

(d) A vehicle shall be released pursuant to this section 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.

(e) If a motor vehicle is released prior to the conclusion of the
impoundment period, neither the person charged with a violation of
this section nor the registered owner of the motor vehicle is
responsible for towing and storage charges nor shall the motor vehicle
be sold to satisfy those charges.

(f) A vehicle seized and impounded under this section shall be released to
the legal owner of the vehicle, or the legal owner’s agent, on or before
the thirtieth 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.

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(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 fees shall be charged to a legal owner who
redeems the vehicle on or before the fifteenth day of
impoundment.

(3) The legal owner or the legal owner’s agent presents foreclosure
documents or an affidavit of repossession for the vehicle.

(g) 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. The following provisions
related to the payment of towing and storage charges apply:

(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 of part of those charges.

(2) If the vehicle is a rental vehicle, the rental car agency may
require the person to whom the vehicle was 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.

(3) The owner shall not be liable for any towing and storage
charges related to the impoundment if acquittal or dismissal
occurs.

(4) The vehicle shall not be sold prior to the defendant’s
conviction.

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(5) 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. Notwithstanding this provision, nothing shall prohibit
impounding agencies from making prior payment
arrangements to satisfy this requirement.
(“Removal and Storage of Vehicles; Release of Stored Vehicles; Liability for Towing
and Storage Fees” added 10-16-2000 by O-18870 N.S.)

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Article 2: Police — Police Regulations — Offenses Against Government