Sections:
9.56.030 - Responsibility of towing and storage cost.
9.56.040 - Security interest holder.
9.56.050 - State law requirements.
9.56.060 - Promulgation of administrative instructions and protocols.
For the purpose of this chapter the following words and phrases shall mean and include:
"Illegal dumping" means to dump or to cause to be dumped waste matter in or upon a public or private highway or road, as defined in California Penal Code Section 374.3.
"Nuisance vehicle" means any vehicle used to agree to or engage in an act of prostitution, pandering, or pimping or to illegally dump; such vehicle is a nuisance.
"Pandering" means procuring another person for the purpose of prostitution, a crime pursuant to California Penal Code Section 266i.
"Pimping" means deriving support or maintenance from the earning or proceeds of a prostitute, a crime pursuant to California Penal Code Section 266h.
"Prosecuting Agency" means the District Attorney or the City Attorney.
"Prostitution" means the solicitation of, agreement to engage in, or engaging in any act of prostitution, as defined in California Penal Code Section 647(b).
(Ord. No. 13058, 3-1-2011)
Any vehicle used to agree to or engage in an act of prostitution, or procure another person for the purpose of prostitution (pandering), or derive financial support or maintenance from the earnings or proceeds of prostitution (pimping), or illegally dumps, is declared a public nuisance, subject to seizure and an impoundment period of up to 30 days if the owner or operator of the vehicle has had a prior conviction for the same offense within the past three years.
(Ord. No. 13058, 3-1-2011)
9.56.030 - Responsibility of towing and storage cost.
The registered owner or his or her agent shall be responsible for all towing and storage charges related to the impoundment. However, notwithstanding any provision of law, if a motor vehicle is released prior to the conclusion of the impoundment period because the driver was arrested without probable cause, neither the arrested person nor the registered owner of the motor vehicle shall be responsible for the towing and storage charges.
(Ord. No. 13058, 3-1-2011)
9.56.040 - Security interest holder.
A.
A vehicle removed and seized under Section 9.56.020 shall be released to the legal owner of the vehicle or the legal owner's agent prior to the end of the impoundment period if both 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 who is not the registered owner and holds 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 seizure and impoundment of the vehicle.
B.
No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the 15th day of the impoundment period. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner as described in Section 9.56.040, or the legal owner's agent, any administrative charges imposed pursuant to Vehicle Code Section 22850.5, unless the legal owner voluntarily requested a post-storage hearing.
(Ord. No. 13058, 3-1-2011)
9.56.050 - State law requirements.
During the enforcement of any section or subsection of this chapter, the City will follow the relevant vehicle code's requirements for notice, post-storage hearings, vehicle release, storage facilities, and rental cars.
(Ord. No. 13058, 3-1-2011)
9.56.060 - Promulgation of administrative instructions and protocols.
The City Administrator or his designee shall promulgate vehicle impoundment administrative procedures to ensure the implementation of this chapter complies with state law and with the City Council's policy directives.
(Ord. No. 13058, 3-1-2011)