Chapter 10.70
IMPOUNDMENT OF VEHICLES USED IN ILLEGAL SPEED CONTESTS AND EXHIBITIONS OF SPEED
Sections:
10.70.040 Early release of impounded vehicle.
10.70.050 Release of vehicle after impoundment period.
10.70.060 Costs and charges related to impoundment.
10.70.010 Purpose.
A. The Council for the City of Elk Grove finds and declares that pursuant to Section 23109 of the California Vehicle Code, motor vehicle speed contests and exhibitions of speed conducted on public streets and roadways are illegal. Illegal motor vehicle speed contests and illegal exhibitions of speed are more commonly known as street races or drag races. Streets within the City of Elk Grove have been the site of continuing and escalating illegal street racing. 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. Racers and spectators gather on these streets late at night and in the early morning hours, blocking the streets and sidewalks to traffic, forming a race track area, and otherwise encouraging, aiding and abetting 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 hours, and then move to other locations upon the arrival of the police. Those who participate in this illegal activity are very sophisticated, using their cell phones, police scanners, and other electronic devices to communicate with each other to avoid arrest. They also use the Internet, including the website myspace.com, to provide information on where to race, and give advice on how to avoid detection and prosecution. Traffic accidents, property crimes, and calls for police service have increased.
C. This chapter is adopted to allow for the impoundment of vehicles that are used in illegal speed contests and illegal exhibitions of speed. The chapter targets only the automobiles that are used in violation of Section 23109 of the California Vehicle Code and gives proper notice to citizens as to the procedural mechanisms that the City must follow. Through impounding vehicles, the act of participating in illegal street races will be discouraged.
D. This chapter is dedicated to the memory of Anthony Mondragon and Nick Davis. The City Council, in enacting the ordinance codified in this chapter, recognizes and thanks the citizens of the City of Elk Grove, and particularly Constance Conley, Linda Ford, Rebecca Davis, and Patrick Hume for their participation and input into this chapter. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 34-2006 §3, eff. 6-28-2006]
10.70.020 Impoundment.
A. Consistent with Section 23109.2 of the California Vehicle Code, whenever a peace officer determines that a person was engaged in a motor vehicle speed contest, as described in subdivision (a) of Section 23109 of the California Vehicle Code, the peace officer may immediately arrest and take into custody that person and may cause the removal and seizure of the motor vehicle used in that contest in accordance with Chapter 10 (commencing with Section 22650) of the California Vehicle Code.
B. A motor vehicle so seized may be impounded for not more than sixty (60) days.
C. In any proceeding arising out of a violation of this chapter, the person prosecuted shall not be eligible for participation in any Neighborhood Accountability Board program and shall not be eligible for deferred entry of judgment. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 34-2006 §3, eff. 6-28-2006]
10.70.030 Storage hearing.
The registered and legal owner of a vehicle that is removed and seized under EGMC Section 10.70.020 or their agents shall be provided the opportunity for a storage hearing to determine the validity of the storage in accordance with Section 22852 of the California Vehicle Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 34-2006 §3, eff. 6-28-2006]
10.70.040 Early release of impounded vehicle.
A. Notwithstanding Chapter 10 (commencing with Section 22650) of the California Vehicle Code or any other provision of law, 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 EGMC Section 10.70.020 under any of the following circumstances:
1. If the vehicle is a stolen vehicle.
2. If the person alleged to have been engaged in the motor vehicle speed contest 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.
3. If the registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation pursuant to EGMC Section 10.70.020, or was unaware that the driver was using the vehicle to engage in any of the activities described in EGMC Section 10.70.020.
4. If the legal owner or registered owner of the vehicle is a rental car agency.
5. If, prior to the conclusion of the impoundment period, a citation or notice is dismissed under Section 40500 of the California Vehicle Code, criminal charges are not filed by the district attorney because of a lack of evidence, or the charges are otherwise dismissed by the court.
B. 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.
C. If, pursuant to subsection (A)(5) of this section, a motor vehicle is released prior to the conclusion of the impoundment period, neither the person charged with a violation of Section 23109 of the California Vehicle Code 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. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 34-2006 §3, eff. 6-28-2006]
10.70.050 Release of vehicle after impoundment period.
A vehicle seized and removed under EGMC Section 10.70.020 shall be released to the legal owner of the vehicle, or the legal owner’s agent, on or before the sixtieth (60th) day of impoundment if all of the following conditions are met:
A. 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.
B. 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 (15th) day of impoundment.
C. The legal owner or the legal owner’s agent presents foreclosure documents or an affidavit of repossession for the vehicle. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 34-2006 §3, eff. 6-28-2006]
10.70.060 Costs and charges related to impoundment.
A. 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 under Section 22850.5 of the California Vehicle Code.
B. Notwithstanding subsection (A) of this section, if the person convicted of engaging in a motor vehicle speed contest 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 under Section 22850.5 of the California Vehicle Code 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 those charges.
C. 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 under Section 22850.5 of the California Vehicle Code that were incurred by the rental car agency in connection with obtaining possession of the vehicle.
D. The owner shall not be liable for any towing and storage charges related to the impoundment if acquittal or dismissal occurs.
E. The vehicle shall not be sold prior to the defendant’s conviction.
F. 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 Paragraph (3) of Subdivision (c) of Section 23109.2 of the California Vehicle Code. Notwithstanding this provision, nothing shall prohibit impounding agencies from making prior payment arrangements to satisfy this requirement. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 34-2006 §3, eff. 6-28-2006]
10.70.070 Period of storage.
Any period in which a vehicle is subjected to storage under this chapter shall be included as part of the period of impoundment ordered by the court under Subdivision (h) of Section 23109 of the California Vehicle Code. [Ord. 7-2009 §3, eff. 5-1-2009; Ord. 34-2006 §3, eff. 6-28-2006]