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HomeMy Public PortalAboutOrd. 1627ORDINANCE NO. 1627 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LYNWOOD AMENDING SECTION 3 -30 OF CHAPTER 3 OF THE LYNWOOD MUNICIPAL CODE DECLARING A MOTOR VEHICLE A NUISANCE SUBJECT TO SEIZURE AND IMPOUNDMENT WHEN THE VEHICLE IS INVOLVED IN THE COMMISSION OF ONE OR MORE CRIMES RELATED TO PROSTITUTION WHEREAS, on October 11, 2009 the Governor signed Assembly Bill ( "AB ") 14 authorizing cities, counties, and cities and counties to adopt an ordinance declaring as public nuisances motor vehicles used by persons to solicit and commit acts of prostitution and subjecting said vehicles to seizure and up to thirty (30) days of forfeiture if persons owning or operating said vehicles have had a prior conviction for soliciting or committing acts of prostitution within the past three years, and WHEREAS, a public nuisance is created when motor vehicles are used for the purposes of soliciting and committing acts of prostitution, and WHEREAS, persons who use motor vehicles to solicit and commit acts of prostitution contribute to blight, increased crime rates, and the general decay of neighborhoods in the City; and WHEREAS, persons whose vehicles were seized and forfeited as a result of their use in solicitation and acts of prostitution will be further deterred from using vehicles to facilitate their crimes, and WHEREAS, California Government Code Section 38771 permits the legislative body to of a city to declare what constitutes a nuisance NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES HEREBY ORDAIN AS FOLLOWS: Section 1. The Lynwood Municipal Code is hereby amended by amending Section 3 -30 of Chapter 3, which shall read in its entirety as follows Section 3 -30 PUBLIC NUISANCE OF VEHICLES USED IN THE COMMISSION OF PROSTITUION 3-301 Declaration of Public Nuisance 3-302 Seizure and Impoundment of Vehicle 3-303 Notice to Owner; Post- Storage Hearing 3-304 Release to Registered Owner Prior to End of Impoundment Period 3-305 Release to Legal Owner Prior to End of Impoundment Period 3-306 Release to Rental Car Agency Prior to End of Impoundment Period 3-307 Operators of Storage Facilities 3 -30.1 Declaration of Public Nuisance A vehicle used in the commission or attempted commission of prostitution, or an act related thereto, as defined in Sections 266h, 2661, or 647(b) of the California Penal Code, is declared to be a public nuisance and shall be subject to seizure and impoundment for a period of up to 30 days in accordance with this Section, if the owner or operator of the vehicle has had a prior conviction for the same offense within the past three (3) years 3 -30.2 Seizure and Impoundment of Vehicle a A vehicle shall be seized and impounded pursuant to this Section upon the occurrence of both of the following. 1 A valid arrest of the driver of a vehicle for the commission or attempted commission of prostitution, as defined in Sections 266h, 2661, or 647(b) of the California Penal Code, and 2 At the time of the arrest, the owner or operator of the vehicle has had a prior conviction for prostitution, as defined in Sections 266h, 2661, or 647(b) of the California Penal Code within the past three (3) years b Impoundment shall be for a period of up to thirty (30) days Any period during which a vehicle is subjected to storage pursuant to this Section shall be included as part of the period of impoundment. c Except as provided in Section 3 -30 5(c), a vehicle impounded pursuant to this Section shall be subject to a vehicle release fee of two hundred fifty ($250) dollars as part of the City's administrative costs prior to release of the impounded vehicle If a post- storage hearing is requested, the vehicle release fee must be paid before the commencement of the post- storage hearing 3 -30.3 Notice to Owner; Post - Storage Hearing a Within two (2) working days after impoundment, the City shall send by certified mail, return receipt requested, a notice to the legal and registered owner(s) of the vehicle at the address obtained from the Department of Motor Vehicles that the vehicle has been impounded The notice shall also inform the owner of an opportunity for a post- storage hearing to determine the validity of the storage or to determine mitigating circumstances establishing that the vehicle should be released b The notice shall contain 1 The name, address, and telephone number of the City Hall, 2 The description of the vehicle, including, if available, the make, model, year, license plate number, and mileage, 3 The location of the place of storage of the vehicle, 4 The authority and purpose for the removal and impoundment of the vehicle, and 5 A statement that, in order to receive a post- storage hearing, the owner(s), or agents thereof, shall request a hearing in person, writing, or by telephone within 10 days of the date of the notice c The post- storage hearing shall be conducted within forty- eight(48) hours of the request for hearing, excluding weekends and holidays Failure of the legal and registered owners, or their respective agents, to request or to attend a scheduled hearing shall satisfy the post- storage hearing requirement. d The City shall designate one of its own officers or employees, who is not the same person who directed the seizure of the vehicle, as the hearing officer to conduct the post- storage hearing e The hearing officer shall establish whether there are reasonable grounds for the storage of the vehicle and mitigating circumstances establishing that the vehicle should be released If it is determined at the post- storage hearing that_ there are no reasonable grounds for the storage of the vehicle, the City shall be responsible for the costs incurred for towing and storage 3 -30.4 Release to Registered Owner Prior to End of Impoundment Period a A vehicle impounded pursuant to this Section shall be released to the registered owner or his or her agent prior to the end of the impoundment period only upon the occurrence of one or more of the following circumstances 1 The driver of the impounded vehicle was arrested without probable cause, 2 The vehicle is a stolen vehicle, 3 The vehicle is subject to bailment and was driven by an unlicensed employee of a business establishment, including a parking service or repair garage, 4 The driver of the vehicle is not the sole registered owner of the vehicle and the vehicle is being released to another registered owner of the vehicle who signs an affidavit agreeing not to allow the driver to use the vehicle until after the end of the impoundment period; 5 The registered owner of the vehicle was neither the driver nor a passenger of the vehicle at the time of the alleged violation, or was unaware that the driver was using the vehicle to engage in prostitution, as defined in Sections 266h, 2661, or 647(b) of the California Penal Code; or- 6 A spouse, registered domestic partner, or other affected third party objects to the impoundment of the vehicle on the grounds that it would create a hardship if the subject vehicle is the sole vehicle in a household, and that hardship outweighs the seriousness and severity of the act in which the vehicle was used Said spouse, registered domestic partner, or other affected third party shall sign an affidavit agreeing not to allow the driver to use the vehicle until after the end of the impoundment period. b Notwithstanding any other provision of law, if a vehicle is released prior to the end of the impoundment period because the driver was arrested without probable cause, neither the arrested person nor the registered owner of the vehicle shall be responsible for the towing and storage charges C. Except as provided herein this Section, the registered owner or his or her agent shall be responsible for all towing and storage charges related to the impoundment of the vehicle d Any registered owner who knowingly releases or causes the release of a vehicle to another registered owner or the driver in violation of this Section shall be subject to a fine of five hundred dollars ($500.00). 3 -30.5 Release to Legal Owner Prior to End of Impoundment Period a A vehicle impounded pursuant to this Section shall be released to the legal owner or its agent prior to the end of the impoundment period only if both of the following conditions are met: 1. The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, of other licensed financial institution legally operating in California, or is another person who is not the registered owner and holds a security interest in the vehicle, and 2 The legal owner or its agent pays all of the 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 fifteenth (15th) day of the impoundment period c The legal owner or its agent shall not be required to pay any administrative charges imposed pursuant Section 22850 5 of the Vehicle Code, unless the legal owner voluntarily requests a post- storage hearing A legal owner or its agent shall not be required to request a post- storage hearing as a condition for the release of the vehicle to the legal owner or the legal owner's agent. d The legal owner or its agent shall present the following documentation to the City, its law enforcement, person in possession of the vehicle, or any person acting on behalf of these agencies 1 A copy of the assignment, as defined in subdivision (b) of Section 7500 1 of the Business and Professions Code, 2 A release from the City of liability; 3 A government - issued photographic identification card, 4 Any one of the following as determined by the legal owner or the legal owner's agent: i A certificate of repossession, for the vehicle, ii A security agreement for the vehicle, or iii Title, whether or not paperless or electronic, showing proof of lega] ownership for the vehicle, and 5 A copy of a repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 32 of the Business and Professions Code, or documentation that the legal owner is exempt from licensure pursuant to Section 7500 2 or 7500 3 of the Business and Professions Code Any documents presented may be originals, photocopies, or facsimile copies, or may be transmitted electronically None of the acceptable documents are required to be notarized The City, its law enforcement, person in possession of the vehicle, or any person acting on behalf of these agencies shall keep copies of all documentation in accordance with its normal record retention policy No other documentation other than those set forth in this Section shall be required for the release of the vehicle e The legal owner or its agent shall be given a copy of any documents that are required to be signed, except for a vehicle evidentiary hold log book. f The legal owner shall indemnify and hold harmless a storage facility from any claims arising out of the release of the vehicle to the legal owner or the legal owner's agent and from any damage to the vehicle after its release, including the reasonable costs associated with defending any such claims g The legal owner may require the registered owner to pay all towing and storage charges related to the seizure and impoundment of the vehicle prior to its relinquishment. 3 -30.6 Release to Rental Car Agency Prior to End of Impoundment Period a. A vehicle impounded pursuant to this Section shall be released to a rental car agency or its agent prior to the end of the impoundment period only if both of the following conditions are met: i The rental car agency is either the legal owner or registered owner of the vehicle, and ii. The rental car agency or its agent pays all of the towing and storage fees related to the seizure and impoundment of the vehicle b. The rental car agency may continue to rent the vehicle upon recovery of the vehicle. However, the rental car agency shall not rent another vehicle to the driver of the vehicle that was seized until the impoundment period has expired 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 seizure and impoundment of the vehicle 3 -30.7 Operators of Storage Facilities a Operators of storage facilities where vehicles impounded pursuant to this Section are stored shall accept from a legal or registered owner, or an agent thereof, a valid bank credit card, as defined in Section 11747 02 of the Civil Code, or cash for the payment of towing, storage, and other fees related to the impounded vehicle b Operators of storage facilities violating Section 3 -30 7(a) shall be civilly liable to the owner of the vehicle or the person who tendered the fees for four (4) times the amount of the towing, storage, and other fees, which liability shall not exceed five hundred ($500) dollars c Operators of storage facilities shall have sufficient funds on the premises of the primary storage facility during normal business hours to accommodate, and make change for, a reasonable monetary transaction. d Credit charges "for towing and storage services shall. comply with Section 1748 1 of the Civil Code Law enforcement may include the costs of providing for payment by credit when making agreements with towing companies on rates e Failure by an operator of a storage facility to comply with any applicable conditions of this Section shall not affect the right of the legal owner or its agent to retrieve the vehicle if all conditions required of the legal owner or its agent are satisfied " :Section 2. The City finds that this action is within the grant of authority given to it by the State Legislature Section 3. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses, phrase, or portions of this ordinance The City Council hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional Section 4. This ordinance shall take effect 30 days after its final passage, and within fifteen (15) days after its passage, the City Clerk shall cause it to be posted as required by law, and hereby designated for that purpose First read at a regular meeting of the City Council held on the 2nd day of February, 2010 and adopted and ordered published at a regular meeting of said Council on the 16th day of February, 2010 PASSED, APPROVED, and ADOPTED this 16th day of February, 2010. Maria T Santillan, Mayor ATTEST: Maria - z, City U-erk APPROVED AS TO FORM: Fred Galante, City Attorney APPROVED AS TO CONTENT: -CA Deborah L a �kson, Director of Neighborhood Services STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing Resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 16th day of February, 2010 AYES COUNCIL MEMBERS FLORES, MORTON, CASTRO, RODRIGUEZ AND SANTILLAN NOES NONE ABSENT NONE ABSTAIN NONE Maria Quinonez, ity Clerk STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, and Clerk of the City Council of said City, do hereby certify that the above and foregoing is a full, true and correct copy of Ordinance No 1627 in my office and that said Ordinance was adopted on the date and by the vote therein stated Dated this 16th day of February, 2010 r- Maria Quinonez, City Cl