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Article 2: Police — Police Regulations — Offenses Against Government
Division 53: Forfeiture of Nuisance Vehicles Engaged in
Motor Vehicle Speed Contests or Exhibitions of Speed
(“Forfeiture of Nuisance Vehicles Engaged in
Motor Vehicle Speed Contests or Exhibitions of Speed”
added 4–21–2003 by Ordinance O–19167 N.S.)
§52.5301 Purpose
The City Council of the City of San Diego finds and declares that pursuant to
California Vehicle Code section 23109, motor vehicle speed contests and exhibitions
of speed conducted on public streets and highways are illegal. Motor vehicle speed
contests and exhibitions of speed are more commonly known as street races or drag
races. Streets and highways within the City of San Diego have been the site of
continuing and escalating illegal street racing over the past several years. Such 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 within the City of San Diego.
Illegal street racers accelerate to high speeds without regard to oncoming traffic,
pedestrians, or vehicles parked or moving nearby. Traffic accidents, property crimes,
and calls for police service have increased dramatically. In 2002, the street racing
fatality rate on San Diego city streets was termed “epidemic.” Last year, 35 percent of
vehicle occupant fatalities on city streets were related to illegal motor vehicle speed
contests.
The City Council of the City of San Diego finds it is necessary and appropriate to
take additional steps to protect public health and safety. This division is adopted to
declare that vehicles used in violation of California Vehicle Code sections 23109(a)
and (c) 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 and exhibitions of speed.
(“Purpose” added 4–21–2003 by Ordinance O–19167 N.S.)
§52.5302 Definitions
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(a) and 23109(c).
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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.
(“Definitions” added 4–21–2003 by Ordinance O–19167 N.S.)
§52.5303 Forfeiture of Nuisance Vehicles
A motor vehicle shall be declared a nuisance and forfeited subject to this division if:
(a) It is used in violation of California Vehicle Code sections 23109(a) or (c); and
(b) (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
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(2) A previous misdemeanor conviction for a violation of California
Vehicle Code sections 2800.1(a) or (b), or California Vehicle Code
sections 23103(a) or (b), or California Vehicle Code sections 23109(a)
or (c); or
(3) A previous conviction for a violation of California Vehicle Code
section 22348(b).
(“Forfeiture of Nuisance Vehicles” added 4–21–2003 by Ordinance O–19167 N.S.)
§52.5304 Right to Request a Hearing
A registered or legal owner at the time of the violation may request a hearing
pursuant to Section 52.5305 to determine the validity of the forfeiture action
authorized by this division.
(“Right to Request a Hearing” added 4–21–2003 by Ordinance O–19167 N.S.)
§52.5305 Post-Storage Hearing
(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 52.5307 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 Section 52.5305(a) or to attend a
scheduled hearing shall satisfy the post-storage hearing requirement.
(“Post-Storage Hearing” added 4–21–2003 by Ordinance O–19167 N.S.)
§52.5306 Notice of Forfeiture to Legal and Registered Owners
(a) When a violation of California Vehicle Code section 23109(a) or (c) occurs
causing a vehicle to be subject to forfeiture under this division, 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.
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(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.
(“Notice of Forfeiture to Legal and Registered Owners” added 4–21–2003 by
Ordinance O–19167 N.S.)
§52.5307 Personal Service of Notice of Forfeiture
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 division,
and the notice contains all the information required to be provided by Sections
52.5308 and 52.5309, 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.
(“Personal Service of Notice of Forfeiture” added 4–21–2003 by Ordinance O–
19167 N.S.)
§52.5308 Contents of Notice of Forfeiture
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 5, Article 2,
Division 53 of the San Diego Municipal Code, and will be sold or otherwise disposed
of pursuant to Sections 52.5317, 52.5318, and 52.5319. The notice shall also include
instructions for filing a claim with the City Attorney, and the time limits for filing a
claim.
(“Contents of Notice of Forfeiture” added 4–21–2003 by Ordinance O–19167 N.S.)
§52.5309 Additional Notice Provisions for Legal Owners
The notice of forfeiture shall also inform any legal owner of its right to conduct the
sale pursuant to Section 52.5317. 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.
(“Additional Notice Provisions for Legal Owners” added 4–21–2003 by Ordinance
O–19167 N.S.)
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§52.5310 Administrative Forfeiture
If no claims are filed and served within 15 days of the mailing of the notice pursuant
to Section 52.5306 or within 5 days of personal service of the notice pursuant to
Section 52.5307, 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 52.5306 and 52.5307. A
claim that is filed and later withdrawn by the claimant shall be deemed to not have
been filed.
(“Administrative Forfeiture” added 4–21–2003 by Ordinance O–19167 N.S.)
§52.5311 Claim Opposing Forfeiture and Petition for Forfeiture
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 fifty dollars ($50), shall be paid by the claimant made payable to
the San Diego Superior Court, but shall be reimbursed by the City if the claimant
prevails.
(“Claim Opposing Forfeiture and Petition for Forfeiture” added 4–21–2003 by
Ordinance O–19167 N.S.)
§52.5312 Judicial Forfeiture Proceedings
The filing of a claim within the time limit specified in Section 52.5310 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.
(“Judicial Forfeiture Proceedings” added 4–21–2003 by Ordinance O–19167 N.S.)
§52.5313 Community Property Interest Release
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
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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 52.5314, in
consideration for the nonforfeiture of the vehicle.
(“Community Property Interest Release” added 4–21–2003 by Ordinance O–19167
N.S.)
§52.5314 Stipulated Vehicle Release Agreement
(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 23109(a) or (c). 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 52.5313 if the Chief of Police
has on file a prior stipulated vehicle release agreement signed by that person
within the previous five years.
(“Stipulated Vehicle Release Agreement” added 4–21–2003 by Ordinance O–19167
N.S.)
§52.5315 Vehicle Title Vesting in the City
All right, title, and interest in the vehicle shall vest in the City upon commission of
the act giving rise to the nuisance under this division.
(“Vehicle Title Vesting in the City” added 4–21–2003 by Ordinance O–19167 N.S.)
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§52.5316 Sale of Forfeited Vehicle After Declaration of Forfeiture
Any vehicle forfeited pursuant to this division 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 52.5310 and 52.5312.
(“Sale of Forfeited Vehicle After Declaration of Forfeiture” added 4–21–2003 by
Ordinance O–19167 N.S.)
§52.5317 Sale of Forfeited Vehicle By Legal Owner
(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 52.5306 or personal service of the notice
pursuant to Section 52.5307. 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 52.5320. A legal owner’s notice to conduct
the sale pursuant to Section 52.5317(a) 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 Section 52.5317 shall be
licensed, or exempt from licensure, pursuant to Chapter 11 (commencing with
Section 7500) of Division 3 of the Business and Professions Code.
(“Sale of Forfeited Vehicle By Legal Owner” added 4–21–2003 by Ordinance O–
19167 N.S.)
§52.5318 Sale of Forfeited Vehicle
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 52.5317, 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 52.5319.
(“Sale of Forfeited Vehicle” added 4–21–2003 by Ordinance O–19167 N.S.)
§52.5319 Disposition of Low-Value Vehicles
If the Chief of Police determines that the vehicle to be forfeited and sold pursuant to
this division is of so little value that it cannot readily be sold to the public generally,
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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.
(“Disposition of Low-Value Vehicles” added 4–21–2003 by Ordinance O–19167
N.S.)
§52.5320 Distribution of Sale Proceeds
The proceeds of a sale of a forfeited vehicle shall be disposed of in the following
priority:
(a) To satisfy the towing and storage costs following impoundment, the costs of
providing notice pursuant to Sections 52.5306 and 52.5307, the costs of sale,
and the unfunded costs of judicial proceedings, if any; then,
(b) 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,
(c) 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 Section 52.5320(c); then,
(d) 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,
(e) Of the remaining proceeds, 50 percent shall be transferred to the San Diego
Police Department and 50 percent to the City Attorney via the City Treasurer.
(“Disposition of Sale Proceeds” added 4–21–2003 by Ordinance O–19167 N.S.)
§52.5321 Accounting of Sale Proceeds
The person conducting the sale shall disburse the proceeds of the sale as provided in
Section 52.5320 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
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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.
(“Accounting of Sale Proceeds” added 4–21–2003 by Ordinance O–19167 N.S.)
§52.5322 Stolen Vehicles
No vehicle shall be sold pursuant to this division 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.
(“Stolen Vehicles” added 4–21–2003 by Ordinance O–19167 N.S.)
§52.5323 Innocent Owner Remedy
Any owner of a vehicle who suffers any loss due to the forfeiture of any vehicle
pursuant to this division may recover the amount of the loss from the person who
violated California Vehicle Code section 23109(a) or (c), which gave rise to the
nuisance under this division.
(“Innocent Owner Remedy” added 4–21–2003 by Ordinance O–19167 N.S.)
§52.5324 Towing and Storage Fees
(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 section 23109(a) or (c), 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.
(“Towing and Storage Fees” added 4–21–2003 by Ordinance O–19167 N.S.)