Section
102.01 Definitions
102.02 Findings, purpose, intent; declaration of nuisance
102.03 Vesting of title
102.04 Seizure of vehicles subject to forfeiture; proceedings
102.05 Seized vehicles as evidence
102.06 Return of seized vehicles if no authorization to hold
102.07 Forfeiture of vehicles; procedures
102.08 Innocent parties; return of vehicle
102.09 Claim procedure
102.10 Forfeiture hearing
102.11 Forfeiture of vehicles determined to be nuisances
102.12 Alternative settlement procedures
102.13 Sale of vehicles
102.14 Nonexclusive remedy
As used in this chapter:
CITY. The City of Indio.
CONTROLLED SUBSTANCE. A drug, substance or immediate precursor as defined in Cal. Health & Safety Code § 11007, or any controlled substance analog as defined in Cal. Health & Safety Code § 11401.
DEPARTMENT. The Police Department of the City of Indio.
MOTOR VEHICLE SPEED CONTEST. A motor vehicle speed contest as defined in California Vehicle Code § 23109(a).
OWNER. The last registered and legal owner of record of the vehicle that is used to solicit prostitution and/or acquire or attempt to acquire a controlled substance, as shown on records of the Department of Motor Vehicles or similar state entity.
SOLICIT PROSTITUTION or SOLICITING PROSTITUTION. The solicitation of prostitution as defined in Cal. Penal Code § 647(b).
SOLICIT CONTROLLED SUBSTANCES or SOLICITING CONTROLLED SUBSTANCES. The solicitation of controlled substances as these are defined in this section.
VEHICLE. A vehicle as defined in Cal. Vehicle Code § 670.
(Ord. 1355, passed 10-15-03)
(A) The City Council has determined that persons who operate vehicles and use them to solicit prostitution, or to acquire or attempt to acquire controlled substances, bring decay to local neighborhoods where they engage in such activities. The Council has further determined that seizing and forfeiting the vehicles of persons who come into the local neighborhoods to engage in such activities will deter them from creating said nuisances. The City Council finds there is a need to provide for the abatement of such nuisance vehicles.
(B) Any vehicle used to solicit an act of prostitution and/or to acquire or attempt to acquire any controlled substance is declared a nuisance and the vehicle shall be subject to seizure and forfeiture as provided in this chapter. Any person, or his or her servant, agent or employee who owns, leases, conducts, uses or maintains any vehicle for the purpose of soliciting prostitution and/or acquiring or attempting to acquire any controlled substance shall be guilty of committing a nuisance. Such vehicle shall be subject to seizure and forfeiture as provided in this chapter. Declaration of this nuisance is made according to the authority of Cal. Government Code § 38771.
(C) The City Council has determined that persons who operate vehicles and use them to illegally dump garbage, rubbish or swill bring decay to local neighborhoods where they dump such matter. The Council has further determined that seizing and forfeiting the vehicles of persons who come into the local neighborhoods to engage in such activities will deter them from creating said nuisances. The City Council finds there is a need to provide for the abatement of such nuisance vehicles.
(D) Any vehicle used to illegally dump garbage, rubbish or swill in violation of § 51.02 of the Indio Municipal Code is declared a nuisance, and the vehicle shall be subject to seizure and forfeiture as provided in this chapter. Any person or his or her servant, agent, or employee who owns, leases, possesses, conducts, uses or maintains any vehicle to illegally dump garbage, rubbish or swill is guilty of a nuisance. Declaration of this nuisance is made according to the authority of Cal. Government Code § 38771.
(E) The City Council has determined that persons who participate in motor vehicle speed contests blatantly disregard motor vehicle laws resulting in dangerous streets for innocent residents of the City, and have been responsible for deaths in the Coachella Valley area. The Council has further determined that seizing and forfeiting the vehicles of persons who come into the city to engage in such activities will deter them from creating said nuisances. The City Council finds there is a need to provide for the abatement of such nuisance vehicles.
(F) Any Vehicle used to participate in a motor vehicle speed contest is declared a nuisance, and the vehicle shall be subject to seizure and forfeiture as provided in this chapter. Any person or his or her servant, agent, or employee who owns, leases, possesses, conducts, uses or maintains any vehicle that is used in a motor vehicle speed contest is guilty of a nuisance. Declaration of that nuisance is made according to the authority of Cal. Government Code § 38771.
(Ord. 1355, passed 10-15-03)
Subject to the requirements of §§ 102.04 and 102.08, and except as further limited by this chapter to protect innocent parties who claim an interest in any vehicle, all right, title, and interest in any vehicle used to commit any nuisance defined in § 102.02 above shall vest in the city upon commission of the act giving rise to forfeiture.
(Ord. 1355, passed 10-15-03)
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