A. Penalty: Any vehicle or weapon used for the purpose of recruiting or conspiring to recruit a minor to join a criminal street gang is declared a public nuisance and subject to forfeiture pursuant to the following procedures:
B. Proceeding:
1. Motor vehicles subject to forfeiture under this section may be seized by any police officer of the city upon an order issued by the district court.
2. Seizure without such an order may be made if seizure is incident to an arrest of the driver of the vehicle for criminal gang recruitment.
3. A vehicle taken or retained under this section shall not be subject to replevin, but is deemed to be in the custody of the police department, and seizure of it is subject only to the orders and decrees of the district court. The police officer may take custody of the vehicle and remove it to an appropriate and official location within the district court's jurisdiction for disposition in accordance with this section.
4. In the event of seizure pursuant to subsection B2 of this section, proceedings for an order for forfeiture shall be instituted promptly and not later than thirty (30) days after seizure. Any person who, pursuant to the records of the motor vehicle division of the state taxation and revenue department, has an ownership or security interest in the subject motor vehicle shall be served with notice of the forfeiture proceedings.
5. When property is forfeited pursuant to this section, the Deming police department shall sell the motor vehicle and the proceeds shall revert to the general fund of the city. (Ord. 937, 12-9-1996)