HomeMy WebLinkAboutMC-1192
Adopted: March 21, 2005
Effeccive: April 21, 2005
1 ORDINANCE NO. MC-ll92
2 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
CHAPTER 8.35 TO TITLE 8 OF THE SAN BERNARDINO MUNICIPAL CODE,
3 ESTABLISHING THAT ANY VEHICLE USED TO SOLICIT AN ACT OF
PROSTITUTION OR TO ACQUIRE OR ATTEMPT TO ACQUIRE A
4 CONTROLLED SUBSTANCE IS A NUISANCE SUBJECT TO SEIZURE AND
IMPOUNDMENT.
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6 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
7 BERNARDINO DO ORDAIN AS FOLLOWS:
8 SECTION 1. Chapter 8.35 is hereby added to the San Bernardino Municipal Code,
9 to read as follows:
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Sections:
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13 8.35.010
8.35.020
14 8.35.030
15 8.35.040
8.35.050
16 8.35.060
8.35.070
17 8.35.080
8.35.090
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19 8.35.010
CHAPTER 8.35
NUISANCE SUBJECT TO ABATEMENT
BY SEIZURE AND IMPOUNDMENT OF VEHICLE
Findings and Purpose.
Definitions.
Nuisance Subject to Abatement By Seizure and Impoundment
of Vehicles.
Seizure and Impoundment of Vehicle.
Storage Hearing.
Release to Registered Owner.
Release to Legal Owner.
Release to Rental Car Agency.
Miscellaneous.
Findings and Purpose.
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20 The San Bernardino Common Council hereby finds and declares:
A.
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B.
Persons who operate vehicles and use them to acquire or attempt to acquire
The citizens of San Bernardino have complained about the nuisance created
in their neighborhoods by persons driving vehicles into their neighborhoods
in order to acquire or attempt to acquire controlled substances or to solicit
acts of prostitution; and
controlled substances or to solicit acts of prostitution bring crime and decay
into the neighborhoods; and
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MC-ll92
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
CHAPTER 8.35 TO TITLE 8 OF THE SAN BERNARDINO MUNICIPAL CODE,
2 ESTABLISHING THAT ANY VEHICLE USED TO SOLICIT AN ACT OF
PROSTITUTION OR TO ACQUIRE OR ATTEMPT TO ACQUIRE A
3 CONTROLLED SUBSTANCE IS A NUISANCE SUBJECT TO SEIZURE AND
IMPOUNDMENT.
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9 8.35.020
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19 8.35.030
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C.
The seizure and impoundment of vehicles used by persons to acquire or
attempt to acquire controlled substances or to solicit acts of prostitution will
serve to abate the nuisance caused by such activity, in that these persons will
be deterred from using a vehicle as an instrumentality of their illegal acti vity.
Definitions.
A.
Controlled substance - a drug substance, or immediate precursor which is
listed in any schedule in California Health & Safety Code Section 11054,
11055, 11056, 11057, or 11058.
B.
Driver - the person who drives or is in actual physical control of a vehicle.
Prostitution - engaging in lewd or sexual conduct for money, or other
c.
consideration.
D.
Vehicle - any transportation device which requires the driver to have in his
or her immediate possession a valid driver's license for the appropriate class
of vehicle being driven.
Nuisance Subject To Abatement By Seizure and Impoundment of
Vehicle.
A.
Any vehicle used during the solicitation of an act of prostitution, or during
the acquisition or attempted acquisition or sale of any controlled substance,
is declared a nuisance and the vehicle shall be enjoined and abated by seizure
and impoundment, as provided in this Chapter.
B.
Any person or his or her servant, agent, or employee who owns leases,
conducts or maintains any vehicle used for any of the purposes or acts set
forth in this section is guilty of creating a public nuisance.
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MC-U92
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
CHAPTER 8.35 TO TITLE 8 OF THE SAN BERNARDINO MUNICIPAL CODE,
2 ESTABLISHING THAT ANY VEHICLE USED TO SOLICIT AN ACT OF
PROSTITUTION OR TO ACQUIRE OR ATTEMPT TO ACQUIRE A
3 CONTROLLED SUBSTANCE IS A NUISANCE SUBJECT TO SEIZURE AND
IMPOUNDMENT.
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5 8.35.040
Seizure and Impoundment of Vehicle.
6 Whenever a peace officer determines that a person was using a vehicle in violation
7 of this chapter, the peace officer may immediately seize the vehicle. A vehicle so
8 seized shall be impounded for 30 days. An immediate investigation shall be made
9 by the San Bernardino Police Department as to any claimant to a vehicle whose right,
10 title, interest, or lien is of record in the Department of Motor Vehicles. If the San
11 Bernardino Police Department finds that any person, other than the person from
12 whom the vehicle was seized, is the registered and/or legal owner thereof, and such
13 ownership did not arise subsequent to the date and time of seizure of the vehicle,
14 within two working days of impoundment it shall send a notice by certified mail,
15 return receipt requested, to the registered and/or legal owner of the vehicle at the
16 addressees) obtained from the Department of Motor Vehicles informing the owner
17 that the vehicle has been impounded. Failure to notify the registered and/or legal
18 owner within two working days shall prohibit the City of San Bernardino from
19 charging an administrative fee when the legal ownerredeems the impounded vehicle.
20 The San Bernardino Police Department shall maintain a published telephone number
21 that provides information 24 hours a day regarding the impoundment of vehicles and
22 the rights of a registered owner to request a post-storage hearing.
23 8.35.050
Post-Storage Hearing.
24 The registered and legal owner of a vehicle that is removed and seized under
25 subdivision 8.35.040 or their agents shall be provided the opportunity for a post-
26 storage hearing to determine the validity of, or consider any mitigating circumstances
27 attendant to, the storage, in accordance with Section 22852 of the Vehicle Code.
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RLS/ac [NuisanceOrdinance]
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Mc-un
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
CHAPTER 8.35 TO TITLE 8 OF THE SAN BERNARDINO MUNICIPAL CODE,
2 ESTABLISHING THAT ANY VEHICLE USED TO SOLICIT AN ACT OF
PROSTITUTION OR TO ACQUIRE OR ATTEMPT TO ACQUIRE A
3 CONTROLLED SUBSTANCE IS A NUISANCE SUBJECT TO SEIZURE AND
IMPOUNDMENT.
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5 8.35.060
Release to Registered Owner.
6 A. A "registered owner" is a person registered by the Department of Motor
7 Vehicles as the owner of the vehicle.
8 B. A vehicle secured under subsection 8.35.040 shall be released to the
9 registered owner or his or her agent prior to the end of 30 days' impoundment
10 under any of the following circumstances:
11 1. When the vehicle is a stolen vehicle.
12 2. When the vehicle was seized under this section for an offense that
13 does not authorize the seizure of the vehicle.
14 C. No vehicle shall be released pursuant to this subdivision without presentation
15 of the registered owner's or agent's currently valid dri ver' s license to operate
16 the vehicle and proof of current vehicle registration, or upon order of the
17 court.
18 D. The registered owner or his or her agent is responsible for all towing and
19 storage charges related to the impoundment, and any administrative charges
20 authorized under Section 22850.5 of the Vehicle Code.
21 8.35.070 Release to Legal Owner.
22 A.
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A vehicle removed and seized under subsection 8.35.040 shall be released to
the legal owner of the vehicle or the legal owner's agent prior to the end of
30 days' impoundment if all of the following conditions are met:
1.
The legal owner is a motor vehicle dealer, bank, credit union,
26 acceptance corporation, or other licensed financial institution legally
27 operating in this state or is another person, not the registered owner,
28 holding a security interest in the vehicle.
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Me-u92
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
CHAPTER 8.35 TO TITLE 8 OF THE SAN BERNARDINO MUNICIPAL CODE,
2 ESTABLISHING THAT ANY VEHICLE USED TO SOLICIT AN ACT OF
PROSTITUTION OR TO ACQUIRE OR ATTEMPT TO ACQUIRE A
3 CONTROLLED SUBSTANCE IS A NUISANCE SUBJECT TO SEIZURE AND
IMPOUNDMENT.
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2.
The legal owner or the legal owner's agent pays all towing and
storage fees related to the seizure of the vehicle. No lien sale
processing fees shall be charged to the legal owner who redeems the
vehicle prior to the 15th day of impoundment. Neither the San
Bernardino Police Department nor any person having possession of
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the vehicle shall collect from the legal owner of the type specified in
paragraph (I), or the legal owner's agent any administrative charges
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imposed pursuant to Section 22850.5 unless the legal owner
voluntarily requested a poststorage hearing.
The legal owner or the legal owner's agent presents either lawful
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3.
foreclosure documents or an affidavit of repossession for the vehicle,
and a security agreement ortitle showing proof oflegal ownership for
the vehicle. Any documents presented may be originals, photocopies,
or facsimile copies, or may be transmitted electronically. Neither the
San Bernardino Police Department nor towing company shall require
any documents to be notarized. The San Bernardino Police
21 Department or towing company may require the agent of the legal
22 owner to produce a photocopy or facsimile copy of its repossession
23 agency license or registration issued pursuant to Chapter 11
24 (commencing with Section 7500) of Division 3 of the Business and
25 Professions Code, or to demonstrate, to the satisfaction of the Police
26 Department or towing company, that the agent is exempt from
27 licensure pursuant to Section 7500.2 or 7500.3 of the Business and
28 Professions Code.
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MG-U92
I AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
CHAPTER 8.35 TO TITLE 8 OF THE SAN BERNARDINO MUNICIPAL CODE,
2 ESTABLISHING THAT ANY VEHICLE USED TO SOLICIT AN ACT OF
PROSTITUTION OR TO ACQUIRE OR ATTEMPT TO ACQUIRE A
3 CONTROLLED SUBSTANCE IS A NUISANCE SUBJECT TO SEIZURE AND
IMPOUNDMENT.
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No administrative costs authorized under subdivision (a) of
Section 22850.5 of the Vehicle Code shall be charged to the
legal owner of the type specified in paragraph (I), who
redeems the vehicle unless the legal owner voluntarily
requests a poststorage hearing. The legal owner or a legal
owner's agent shall not be required to request a poststorage
hearing as a requirement for release of the vehicle to the legal
owner or the legal owner's agent. The San Bernardino Police
Department or towing company shall not require any
documents other than those specified in this paragraph. The
San Bernardino Police Department shall not require any
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documents to be notarized.
As used in this paragraph, "foreclosure documents" means an
"assignment" as that term is defined in subdivision (0) of Section
7500.1 of the Business and Professions Code.
B.
1.
A legal owner or the legal owner's agent that obtains release
of the vehicle pursuant to subsection CA) may not release the
vehicle to the registered owner of the vehicle or any agents of
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the registered owner, unless the registered owner is a rental
2.
car agency, until after the termination of the 30-day
impoundment period.
The legal owner or the legal owner's agent may not relinquish
the vehicle to the registered owner until the registered owner
or that owner's agent presents his or her valid driver's license
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Me-un
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
CHAPTER 8.35 TO TITLE 8 OF THE SAN BERNARDINO MUNICIPAL CODE,
2 ESTABLISHING THAT ANY VEHICLE USED TO SOLICIT AN ACT OF
PROSTITUTION OR TO ACQUIRE OR ATTEMPT TO ACQUIRE A
3 CONTROLLED SUBSTANCE IS A NUISANCE SUBJECT TO SEIZURE AND
IMPOUNDMENT.
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or valid temporary driver's license to the legal owner or the
legal owner's agent. The legal owner or the legal owner's
agent shall make every reasonable effort to ensure that the
license presented is valid.
3. Prior to relinquishing the vehicle, the legal owner may require
the registered owner to pay all towing and storage charges
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related to the impoundment and any administrative charges
authorized under Section 22850.5 that were incurred by the
legal owner in connection with obtaining custody of the
vehicle.
8.35.080
Release to Rental Car Agency.
A. A vehicle removed and seized under subdivision (a) shall be released to a
rental car agency prior to the end of 30 days' impoundment if the agency is
either the legal owner or registered owner of the vehicle and the agency pays
all towing and storage fees related to the seizure of the vehicle.
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B. The owner of a rental vehicle that was seized under this section may continue
to rent the vehicle upon recovery of the vehicle. However, the rental car
agency may not rent another vehicle to the driver of the vehicle that was
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seized until 30 days after the date that the vehicle was seized.
C. 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 that were incurred
by the rental car agency in connection with obtaining custody of the vehicle.
RLS/ac [NuisanceOrdinance]
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Me-un
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
CHAPTER 8.35 TO TITLE 8 OF THE SAN BERNARDINO MUNICIPAL CODE,
2 ESTABLISHING THAT ANY VEHICLE USED TO SOLICIT AN ACT OF
PROSTITUTION OR TO ACQUIRE OR ATTEMPT TO ACQUIRE A
3 CONTROLLED SUBSTANCE IS A NUISANCE SUBJECT TO SEIZURE AND
IMPOUNDMENT.
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5 8.35.090
Miscellaneous.
6 A. Notwithstanding any other provision of this section, the registered owner and
7 not the legal owner shall remain responsible for any towing and storage
8 charges related to the impoundment, any administrative charges authorized
9 under Section 22850.5, and any parking fines, penalties, and administrative
10 fees incurred by the registered owner.
11 B. Neither the San Bernardino Police Department nor the towing company
12 shall be liable to the registered owner for the improper release of the
13 vehicle to the legal owner or the legal owner's agent provided the release
14 complies with the provisions of this section.
15 8.35.100 Severability.
16 If any part or provision of this Chapter is in conflict or inconsistent with applicable
17 provisions of federal or state statutes, or is otherwise held to be invalid or unenforceable by
18 any court of competent jurisdiction, such part or provision shall be suspended and superseded
19 by such applicable laws or regulations, and the remainder of this Chapter shall not be
20 affected thereby.
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MC-1l92
1 AN ORDINANCE OF THE CITY OF SAN BERNARDINO ADDING
CHAPTER 8.35 TO TITLE 8 OF THE SAN BERNARDINO MUNICIPAL CODE,
2 ESTABLISHING THAT ANY VEHICLE USED TO SOLICIT AN ACT OF
PROSTITUTION OR TO ACQUIRE OR ATTEMPT TO ACQUIRE A
3 CONTROLLED SUBSTANCE IS A NUISANCE SUBJECT TO SEIZURE AND
IMPOUNDMENT.
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5 I HEREBY CERTIFY that the foregoing Ordinance was duly adopted by the
6 Mayor and Common Council of the City of San Bernardino at a joint regular meeting
7 thereof, held on the 21 ,{ay of March ,2005, by the following vote, to wit:
8 COUNCIL MEMBERS:
9 ESTRADA
10 LONGVIlLE
11 MCGINNIS
12 DERRY
13 KELLEY
14 JOHNSON
15 MC CAMMACK
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AYES
NAYS
ABSTAIN ABSENT
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~~\;;~ I...u' ,~ ~-L.K:....
Ci Clerk
The foregoing Ordinance is hereby approved this nAy of March ,2005.
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VALLES, Mayor
of San Bernardino
Approved as to form
24 and legal content:
25 JAMES F. PENMAN
City Attorney
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