Stockton Municipal Code Ch. 10.60 Forfeiture of Nuisance Vehicles Engaged in Motor Vehicle Speed…

A. The City Council of the City finds and declares that pursuant to California Vehicle Code Section 23103, et seq., and 23109, et seq., motor vehicle speed contests, reckless driving, and exhibitions of speed conducted on public streets and highways; and reckless driving conducted on public streets, highways, and off-street parking facilities, as defined in Vehicle Code Section 12500(c), are illegal. Motor vehicle speed contests, reckless driving, and exhibitions of speed are more commonly known as street races, drag races, sideshows, and motorcycle "stunting." Streets, highways, and off-street parking facilities within the City have been the sites of continuing and escalating illegal street racing, sideshows, and motorcycle stunting over the past several years. Such street racing, sideshows, and motorcycle "stunting" poses an immediate threat to 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. Illegal street racers accelerate to high speeds without regard to oncoming traffic, pedestrians, or vehicles parked or moving nearby.

B. The City Council of the City finds it is necessary and appropriate to take additional and immediate steps to protect public health and safety. The ordinance codified in this chapter is adopted to declare that vehicles used in violation of California Vehicle Code Sections 23103, et seq.; and 23109, et seq., are a nuisance and will be forfeited to the City. The civil forfeiture of these nuisance vehicles will prevent the needless loss of life and property damage associated with illegal motor vehicle speed contests, reckless driving, and exhibitions of speed.

(Prior code § 10-440; Ord. 017-06 C.S. § 1)

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

"Days"

means workdays, not including weekends and holidays.

"Illegal motor vehicle speed contest or illegal exhibition of speed"

means any speed contest or exhibition of speed referred to in California Vehicle Code Sections 23109, et seq., and reckless driving as referred to in California Vehicle Code Section 23103, et seq.

"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.

"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.

(Prior code § 10-441; Ord. 017-06 C.S. § 1)

A motor vehicle shall be declared a nuisance and forfeited subject to this chapter if:

A. It is used in violation of California Vehicle Code Sections 23103, et seq., or 23109, et seq.; and

B. Any of the following:

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; and

C. The registered owner who is the driver or passenger at the time of the violation; or the driver or passenger who is a member of the registered owner's immediate family at the time of the violation; or the driver or passenger who lives at the same address as the Registered Owner at the time of the violation; or the driver or passenger at the time of the violation who has a prior contact in the vehicle has:

1. A previous misdemeanor or felony conviction for California Vehicle Code Sections 2800.2(a) or 23104(a), or

2. A previous misdemeanor conviction for a violation of California Vehicle Code Sections 2800.1(a) or (b), or California Vehicle Code Section 23103, et seq., or

3. California Vehicle Code Sections 23109, et seq., or

4. A previous conviction for a violation of California Vehicle Code Section 22348(b).

(Prior code § 10-442; Ord. 017-06 C.S. § 1)

A registered or legal owner at the time of the violation may request a hearing pursuant to Section 10.60.050 to determine the validity of the forfeiture action authorized by this chapter.

(Prior code § 10-443; Ord. 017-06 C.S. § 1)

A. The Chief of Police shall provide the opportunity for a post-storage hearing to determine the validity of the storage to the persons who were the registered and legal owners of the vehicle at the time of impoundment. The hearing request shall be made not later than 10 days after the date the vehicle was impounded. However, the hearing request shall be made within three days after the date the vehicle was impounded if personal service was provided to the registered or legal owner pursuant to Section 10.60.070 and no mailed notice is required.

B. The post-storage hearing shall be conducted not later than two days after the date it was requested. The Chief of Police may authorize an officer or employee to conduct the hearing if the hearing officer is not the same person who directed the storage of the vehicle. Failure of either a registered or legal owner to request a hearing as provided in subsection A of this section or to attend a scheduled hearing shall satisfy the post-storage hearing requirement.

(Prior code § 10-444)

A. When a violation of California Vehicle Code Section 23103, et seq., or 23109, et seq., occurs causing a vehicle to be subject to forfeiture under this chapter, the Chief of Police shall ascertain from the Department of Motor Vehicles the names and addresses of all legal and registered owners of that vehicle.

B. Within two days of impoundment, the Chief of Police shall send a notice of forfeiture by certified mail, return receipt requested, to all legal and registered owners of the vehicle proposed for forfeiture. The notice shall be sent to the addresses obtained from the Department of Motor Vehicles.

(Prior code § 10-445)

If a legal or registered owner was personally served a notice of forfeiture at the time of the violation which caused a vehicle to be subject to forfeiture under this chapter, and the notice contains all the information required to be provided by Sections 10.60.080 and 10.60.090, no further notice is required to be sent to that owner. However, a notice shall still be sent to any other current legal or registered owners of record of the vehicle, if any.

(Prior code § 10-446; Ord. 017-06 C.S. § 1)

The notice shall inform legal and registered owners of the vehicle that the vehicle will be declared a nuisance and forfeited to the City subject to Chapter 10.60 of the Stockton Municipal Code, and will be sold or otherwise disposed of pursuant to Sections 10.60.170, 10.60.180, and 10.60.190. The notice shall also include instructions for filing a claim with the City Attorney, and the time limits for filing a claim.

(Prior code § 10-447; Ord. 017-06 C.S. § 1)

The notice of forfeiture shall also inform any legal owner of its right to conduct the sale pursuant to Section 10.60.170. If notice was not sent to the legal owner within two days, the City shall not charge the legal owner for more than 15 days' impoundment when the legal owner redeems the impounded vehicle. No processing charges shall be imposed on a legal owner who redeems an impounded vehicle within 15 days of the impoundment of that vehicle.

(Prior code § 10-448; Ord. 017-06 C.S. § 1)

If no claims are filed and served within 15 days of the mailing of the notice pursuant to Section 10.60.060 or within five days of personal service of the notice pursuant to Section 10.60.070, 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 Sections 10.60.060 and 10.60.070. A claim that is filed and later withdrawn by the claimant shall be deemed to not have been filed.

(Prior code § 10-449; Ord. 017-06 C.S. § 1)

If a claim is timely filed and served with the City Attorney, then the City Attorney shall file a petition for forfeiture with the appropriate superior court within 10 days of the receipt of the claim. The City Attorney shall establish an expedited hearing date in accordance with instructions from the court. The court filing fee established by the court, not to exceed $50.00, shall be paid by the claimant made payable to the San Joaquin County Superior Court, but shall be reimbursed by the City if the claimant prevails.

(Prior code § 10-450; Ord. 017-06 C.S. § 1)

The filing of a claim within the time limit specified in Section 10.60.100 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 Attorney 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. 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.

(Prior code § 10-451; Ord. 017-06 C.S. § 1)

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 are paid; and

D. The registered owner and the community property interest owner sign a stipulated vehicle release agreement, as described in Section 10.60.140, in consideration for the non-forfeiture of the vehicle.

(Prior code § 10-452; Ord. 017-06 C.S. § 1)

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 Sections 23103, et seq., and 23109, et seq. The agreement shall be in effect for five years from the date of signing and shall be maintained by the Chief of Police.

B. No vehicle shall be released pursuant to Section 10.60.130 if the Chief of Police has on file a prior stipulated vehicle release agreement signed by that person within the previous five years.

(Prior code § 10-453; Ord. 017-06 C.S. § 1)

All rights, title, and interest in the vehicle shall vest in the City upon commission of the act giving rise to the nuisance under this chapter.

(Prior code § 10-454; Ord. 017-06 C.S. § 1)

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 10.60.100 and 10.60.120.

(Prior code § 10-455; Ord. 017-06 C.S. § 1)

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 Chief of Police of its intent to conduct the sale within 15 days of either the mailing of the notice pursuant to Section 10.60.060 or personal service of the notice pursuant to Section 10.60.070. Sale of the vehicle after forfeiture pursuant to this division 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 10.60.200. A legal owner's notice to conduct the sale pursuant to subsection A of this section 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.

(Prior code § 10-456; Ord. 017-06 C.S. § 1)

If the legal owner or agent of the owner does not notify the Chief of Police of its intent to conduct the sale as provided in Section 10.60.170, 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 10.60.190.

(Prior code § 10-457; Ord. 017-06 C.S. § 1)

If the Chief of Police 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.

(Prior code § 10-458; Ord. 017-06 C.S. § 1)

A. In all cases where vehicles seized pursuant to this chapter are forfeited to the City, the vehicles shall be sold, or if cash is paid as settlement in lieu of forfeiture of the vehicle, and the proceeds of sale shall be distributed and appropriated in the following priority:

1. To satisfy the towing and storage costs following impoundment, the costs of providing notice pursuant to Sections 10.60.060 and 10.60.070, the costs of sale, and the unfunded costs of judicial proceedings, if any; then,

2. Upon satisfactory proof to the Chief of Police, to the legal owner in an amount to satisfy the indebtedness owed to the legal owner remaining as of the date of sale, including accrued interest or finance charges and delinquency charges, providing that the principal indebtedness was incurred prior to the date of impoundment; then,

3. 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,

4. 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,

5. To the Police Department and any other local law enforcement entities that participated in the seizure distributed so as to reflect the proportionate contribution of each agency.

B. All the funds distributed to the local law enforcement entities shall not supplant any funds that would, in the absence of this section, be made available to support the law enforcement and prosecutorial efforts of these agencies.

(Prior code § 10-459; Ord. 017-06 C.S. § 1)

The person conducting the sale shall disburse the proceeds of the sale as provided in Section 10.60.200 and shall provide a written accounting regarding the disposition to the Chief of Police and, on request, to any person entitled to a share of the proceeds or to any person validly claiming a share of the proceeds, as determined by the Chief of Police, within 15 days after the sale is conducted.

(Prior code § 10-460; Ord. 017-06 C.S. § 1)

No vehicle shall be sold pursuant to this chapter if the Chief of Police 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.

(Prior code § 10-461; Ord. 017-06 C.S. § 1)

Any owner of a vehicle who suffers any loss due to the forfeiture of any vehicle pursuant to this chapter may recover the amount of the loss from the person who violated California Vehicle Code Sections 23103, et seq., or 23109, et seq., which gave rise to the nuisance under this chapter.

(Prior code § 10-462; Ord. 017-06 C.S. § 1)

A. The Chief of Police 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 Sections 23103, et seq., or 23109, et seq., and did not give rise to the nuisance.

B. Charges for towing and storage for any vehicle impounded pursuant to this division shall not exceed the normal towing and storage rates for other vehicle towing and storage conducted by the Chief of Police in the normal course of business.

(Prior code § 10-463; Ord. 017-06 C.S. § 1)