SEC. 41.60. HOSPITALS; PATIENT TRANSPORT.

4. First Response Notice. A notice issued by a police officer pursuant to this section advising a Responsible Person that a Loud Party is taking place and that the disturbance must cease.

5. Loud Party. Any party, gathering or event where a police officer at the scene determines that there is a threat to the public peace, health, safety or general welfare.

6. Responsible Person. The person or persons who own, lease, reside or is in charge of the premises where the Loud Party, takes place; or the person or persons who organized the Loud Party. If the Responsible Person is a minor, then the parents or guardians will also be considered a Responsible Party and be jointly and severally liable for the Second Response Service Fee imposed by this section.

7. Second Response Notice. A notice issued by a police officer pursuant to this section assessing a Second Response Services Fee for a second, or subsequent, response to a Loud Party.

8. Second Response Service Fee. A fee imposed pursuant to this section to recover Special Security Costs.

9. Special Security Assignment. The assignment of Department personnel and equipment during a second, or subsequent, response to a Loud Party after the issuing of a First Response Notice.

10. Special Security Costs. Costs of services provided by the Department associated with a Special Security Assignment which may include personnel and equipment costs, damage to City property and injuries to City personnel.

(b) Authorization to Assess a Second Response Service Fee.

Whenever a Loud Party occurs, a police officer may issue a First Response Notice to a Responsible Person that the disturbance must cease. A second, or subsequent, response by a police officer, upon the issuing of a Second Response Notice, may result in the imposition of a Second Response Service Fee to recover Special Security Costs.

l. The Board shall determine a Second Response Service Fee schedule, subject to approval by the City Council by order or resolution, which shall be based upon the existing Special Security Costs incurred by the Department.

2. The Board shall revise the Second Response Service Fee, subject to approval by the City Council by order of resolution, whenever Special Security Cost data developed by the Department requires adjustment in the Second Response Service Fee.

3. No fee imposed pursuant to this section is authorized until the Board has approved the Department’s implementation procedures, notices, and appeals procedures

(d) Duties of the Department.

l. The Department shall develop written procedures to provide for training and the uniform implementation of the Loud Party Second Response Fee Ordinance.

2. The Department shall develop a First Response Notice, a Second Response Notice, and any other form or document necessary to carry out the purposes of this section.

3. The Department shall develop a post Second Response Notice administrative appeal hearing procedure to determine whether the Second Response Service Fee was assessed to the proper Responsible Person or was properly issued. The hearing shall be held in the Division where the Second Response Notice was issued.

(e) Duties of the Office of Finance. (Amended by Ord. No. 173,298, Eff. 6/30/00, Oper. 7/1/00.)

1. The Office of Finance shall bill the Second Response Service Fee as reported by the Department. The bill shall be due and payable to the Office of Finance within fifteen days of the billing date.

2. If the Office of Finance determines for any billing that a discrepancy exists between the service fee paid and the amount billed which results in an underpayment or overpayment in an amount of three dollars or less, the Office of Finance may accept and record the billing as paid in full without other notification to the person billed.

3. If the Office of Finance determines that any amount of the service fee billed hereunder cannot be collected or that efforts to collect would be disproportionately costly in relation to the probable outcome of the collection efforts, the Office of Finance may prepare a report setting forth the findings and reasons therefor and request that the Board of Review authorize the removal of any unpaid amount from the active accounts receivable of the Department pursuant to Section 11.04 of this Code. Upon unanimous approval of the Board of Review, the Office of Finance may remove from the active accounts receivable any service fee owing. If the Board of Review does not unanimously approve the findings, the matter shall be returned to the Office of Finance. Any removal, however, shall not preclude the Office of Finance from collecting or attempting to collect any such sum that later proves to be collectible as provided by Section 11.04.

4. At least monthly the Office of Finance shall report to the Department the outstanding accounts receivable, collections and service fee(s) written off.

SEC. 41.58.1. LOUD OR UNRULY GATHERINGS.

(Added by Ord. No. 185,451, Eff. 4/15/18.)

(a) Definitions.

1. “Citation” means an Administrative Citation issued pursuant to Article 1.2 of Chapter 1 of this Code, unless otherwise specified.

2. “Enforcement Officer” shall have the same meaning as in Section 11.2.02 of this Code.

3. “Loud or Unruly Conduct”, as used in this section, includes any of the following conduct if in violation of any provision of this Code or State law:

A. Loud noise;

B. Obstruction of a street or public right- of-way, including a sidewalk;

C. Public intoxication or drinking in public;

D. The service of alcoholic beverages to minors;

E. Possession and/or consumption of alcohol by minors;

F. Assault, battery, fights, domestic violence or other disturbances of the peace;

G. The sale or service of alcoholic beverages without a required State license;

H. Vandalism or destruction of property;

I. Litter;

J. Urinating or defecating in public; or

K. Trespassing.

4. “Loud or Unruly Gathering” means a gathering of persons at any Residence where Loud or Unruly Conduct occurs at the Residence or within 500 feet of the Residence, and which threatens or interferes with the public health, safety or welfare, or the comfortable enjoyment of life and property.

5. “Minor” means any person under 21 years of age.

6. “Owner” means any person who owns the Residence where a Loud or Unruly Gathering occurs.

7. “Person” means an individual or any firm, association, organization, partnership, trust, business, corporation, company or entity.

8. “Residence” means any “residential building,” as that term is defined in Section 12.03 of this Code, and includes any garage, carport, walkway, yard, patio, deck, or other structure or area on the lot on which the residential building is located.

9. “Responsible Party” means:

A. Any person who rents, leases or otherwise is in charge of the Residence where a Loud or Unruly Gathering occurs; or

B. Any person who organizes or sponsors a Loud or Unruly Gathering at a Residence.

(b) Loud or Unruly Gatherings Prohibited. Loud or Unruly Gatherings are prohibited and shall constitute a public nuisance subjecting the Owner and/or Responsible Party to fines and/or penalties under this section. The City may abate a Loud or Unruly Gathering by all available means, including, but not limited to, an order of a peace officer requiring persons at the Loud or Unruly Gathering to leave the Residence, the issuance of a Citation, and/or the arrest of any person committing a criminal violation under this section or any other applicable State or local law.

(c) Posting of Notice Regarding a Loud or Unruly Gathering. An Enforcement Officer responding to a Loud or Unruly Gathering shall post or attach, on the front entrance of the Residence at which the Loud or Unruly Gathering occurs, a notice meeting the following requirements:

1. The notice shall state, at a minimum:

A. The name and agency of the Enforcement Officer who responded to the Loud or Unruly Gathering;

B. The address of the Residence and the date of the Loud or Unruly Gathering, along with a description of the Loud or Unruly conduct observed;

C. That Loud or Unruly Gatherings may result in the imposition of fines and/or penalties against any Responsible Party and/or Owner; and

D. It is unlawful to alter, tamper with or deface the notice, or remove it prior to 30 days from the date of the posting.

2. The notice shall be a minimum of 8 ½" x 11" in size, have black letters on contrasting background white or colored paper, and be made of durable laminated or other weather resistant material.

(d) Removal of Posted Notice Prohibited.

1. It shall be unlawful for any person to alter, tamper with or deface a posted notice described in Subdivision (c), or remove it prior to 30 days from the date of the posting.

2. If a posted notice is altered, tampered with, defaced, or removed prior to 30 days from the date of posting, the notice shall be replaced and a new 30-day posting period shall commence on the date of replacement.

(e) Notice to Owner. A copy of the notice posted pursuant to Subdivision (c) of this section shall be served on the Owner by personal service or by depositing in the mail for delivery by the United States Postal Service, in a sealed envelope, postage prepaid, addressed to the Owner shown on the County’s last equalized property tax assessment roll.

(f) Citation Issued to Owner Absent During the Loud or Unruly Gathering. An Owner not present during the Loud or Unruly Gathering may be issued a Citation for any subsequent violation of Subsection (b) after personal service of the notice in Subsection (e) or, if the notice is only mailed, ten (10) calendar days after the mailing of the notice to the Owner pursuant to Subsection (e). The Citation to the Owner not present during the Loud or Unruly Gathering may be issued by personal service or by depositing in the mail for delivery by the United States Postal Service, in a sealed envelope, postage prepaid, addressed to the Owner shown on the County’s last equalized property tax assessment roll.

(g) Citation. An Enforcement Officer may issue a Citation to the Owner and/or Responsible Party for a violation of Subsection (b) or (d) of this section.

(h) Fines and Penalties for Violations.

1. An Owner and/or Responsible Party issued a Citation in violation of Subsection (b) of this section shall be subject to the following fines:

A. An administrative fine of $100 for a first violation;

B. An administrative fine of $500 for a second violation;

C. An administrative fine of $1,000 for a third violation;

D. An administrative fine of $2,000 for a fourth violation;

E. An administrative fine of $4,000 for a fifth violation; and

F. An administrative fine of $8,000 for a sixth violation and $8,000 for each subsequent violation.

G. A violation occurring after a period of 12 consecutive months of no violations shall be considered a first violation.

A Responsible Party and/or Owner shall be subject to these escalating administrative fines for subsequent Loud or Unruly Gatherings even if at different Residences associated with the Responsible Party and/or owned by the Owner.

2. Fine for Removal of Posted Notice. Any person in violation of Subsection (d) of this section may be issued a Citation subject to an administrative fine of $500.

(i) Administrative Process Applicable to Citations. Unless otherwise specified herein, all Citations issued for violations of this section shall be subject to the provisions set forth in Article 1.2 of Chapter 1 of this Code, including, but not limited to, the administrative hearing and appeal process and the City’s authority to use any civil remedy available to collect any unpaid administrative fine.

(j) Criminal and Other Remedies Available. Any violation of Subsection (b) or (d) of this section may be prosecuted as a misdemeanor. In cases where the City Attorney elects to criminally prosecute a violation, the defendant shall be subject to all applicable penalties authorized by Section 11.00(m) of this Code, and not the administrative fines authorized by this section.

(k) Severability. If any provision of this section is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this section which can be implemented without the invalidated provisions, and to this end, the provisions of this section are declared to be severable.

SEC. 41.59. PROHIBITION AGAINST CERTAIN FORMS OF AGGRESSIVE SOLICITATION.

(Amended by Ord. No. 173,705, Eff. 1/27/01.)

(a) Definitions. For purposes of this section:

(1) “Solicit, ask or beg” shall include using the spoken, written, or printed word, or bodily gestures, signs or other means with the purpose of obtaining an immediate donation of money or other thing of value or soliciting the sale of goods or services.

(2) “Public place” shall mean a place to which the public or a substantial group of persons has access, and includes, but is not limited to, any street, highway, sidewalk, parking lot, plaza, transportation facility, school, place of amusement, park, playground, and any doorway, entrance, hallway, lobby and other portion of any business establishment, an apartment house or hotel not constituting a room or apartment designed for actual residence.

(b) Aggressive Solicitation prohibited.

(1) No person shall solicit, ask or beg in an aggressive manner in any public place.

(2) “Aggressive manner” shall mean any of the following:

(A) Approaching or speaking to a person, or following a person before, during or after soliciting, asking or begging, if that conduct is intended or is likely to cause a reasonable person to

(i) fear bodily harm to oneself or to another, damage to or loss of property, or

(ii) otherwise be intimidated into giving money or other thing of value;

(B) Intentionally touching or causing physical contact with another person or an occupied vehicle without that person’s consent in the course of soliciting, asking or begging;

(C) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle by any means, including unreasonably causing a pedestrian or vehicle operator to take evasive action to avoid physical contact;

(D) Using violent or threatening gestures toward a person solicited either before, during, or after soliciting, asking or begging;

(E) Persisting in closely following or approaching a person, after the person solicited has been solicited and informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or any other thing of value to the solicitor; or

(F) Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction, either before, during, or after solicitation.

(1) Banks and ATMs. No person shall solicit, ask or beg within 15 feet of any entrance or exit of any bank, savings and loan association, credit union, or check cashing business during its business hours or within 15 feet of any automated teller machine during the time it is available for customers’ use. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility. Provided further that no person shall solicit, ask or beg within an automated teller machine facility where a reasonable person would or should know that the person does not have the permission to do so from the owner or other person lawfully in possession of such facility. Nothing in this paragraph shall be construed to prohibit the lawful vending of goods and services within such areas.

(A) Definitions. For purposes of this section:

(i) “Bank” means any member bank of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operated under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.

(ii) “Savings and loan association” means any federal savings and loan association and any “insured institution” as defined in Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 2 of the Federal Credit Union Act.

(iii) “Credit union” means any federal credit union and any state-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union Administration.

(iv) “Check cashing business” means any person duly licensed as a check seller, bill payer, or prorater pursuant to Division 3 of the California Financial Code, commencing with section 12000.

(v) “Automated teller machine” shall mean any electronic information processing device which accepts or dispenses cash in connection with a credit, deposit, or convenience account.

(vi) “Automated teller machine facility” shall mean the area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.

(B) Exemptions. The provisions of Subdivision (c)(1) shall not apply to any unenclosed automated teller machine located within any building, structure or space whose primary purpose or function is unrelated to banking activities, including but not limited to supermarkets, airports and school buildings, provided that such automated teller machine shall be available for use only during the regular hours of operation of the building, structure or space in which such machine is located.

(2) Parking lots. (Amended by Ord. No. 182,813, Eff. 12/10/13.)

(A) Parking lots. No person shall solicit, ask or beg in any public parking lot or structure any time after dark. “After dark” means any time from one-half hour after sunset to one-half hour before sunrise.

(B) Exemptions. Subdivision (c)(2) shall not apply to any of the following:

(i) to solicitations related to business which is being conducted on the subject premises by the owner or lawful tenants;

(ii) to solicitations related to the lawful towing of a vehicle; or

(iii) to solicitations related to emergency repairs requested by the operator or other occupant of a vehicle.

(3) Public transportation vehicles.

(A) “Public transportation vehicle” shall mean any vehicle, including a trailer bus, designed, used or maintained for carrying 10 or more persons, including the driver; or a passenger vehicle designed for carrying fewer than 10 persons, including the driver, and used to carry passengers for hire.

(B) Any person who solicits, asks or begs in any public transportation vehicle is guilty of a violation of this section.

(d) Penalty. A violation of this section is punishable as a misdemeanor or infraction, chargeable at the City Attorney’s discretion.

(e) Severability. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances.

(f) Non-exclusivity. Nothing in this chapter shall limit or preclude the enforcement of other applicable laws.

SEC. 41.60. HOSPITALS; PATIENT TRANSPORT.

(Added by Ord. No. 179,913, Eff. 6/30/08.)

(a) Definitions. As used in this section:

(1) “Health Facility” means any “health facility” as defined in Section 1250 of the California Health and Safety Code.

(2) “Patient’s Residence” means the home of the patient, the fixed and regular nighttime residence or domicile of the patient, or, in the case of a patient reasonably perceived to be homeless, the location the patient gives as the patient’s principal place of dwelling.

(3) “Homeless Patient” means an individual who lacks a fixed and regular nighttime residence, or who has a primary nighttime residence that is a supervised publicly or privately operated shelter designed to provide temporary living accommodations, or who is residing in a public or private place that was not designed to provide temporary living accommodations or to be used as a sleeping accommodation for human beings.

(4) “Written Consent” means knowingly, intelligently and voluntarily given written consent, signed by the patient or the patient’s legal representative.

(b) Prohibited Activity. A health facility may not transport or cause a patient to be transported to a location other than the patient’s residence without written consent, except when the patient is transferred to another health facility following bona fide procedures in accordance with another provision of law.

(c) Violations. A violation of this section is a misdemeanor punishable by a fine not to exceed $1,000, a term of probation not to exceed three years, or both.

(d) Punishment Cumulative. The punishment provided for in this section is cumulative to any punishment, penalty, or other relief available under any other law.

(e) Inapplicability. This section shall not apply to:

(1) Patients in the care and custody of a California state hospital operated and administered by the State Department of Mental Health, who are civilly or criminally committed and subject to transfer to the State Department of Corrections and Rehabilitation, the Forensic Conditional Release Program, or a court for further proceedings.

(2) Patients who are in the custody or otherwise under the jurisdiction of the State Department of Corrections and Rehabilitation, including the Division of Juvenile Justice, the Los Angeles County Sheriff, or the Los Angeles Police Department.

SEC. 41.70. NUISANCE ABATEMENT OF MOTOR VEHICLES USED IN THE COMMISSION OR ATTEMPTED COMMISSION OF AN ACT THAT VIOLATES CALIFORNIA PENAL CODE SECTION 266(h), OR 266(i), OR 374.3, OR 647(b).

(Title and Section Amended by Ord. No. 182,459, Eff. 3/1/13.)

The City declares that a motor vehicle is a public nuisance subject to seizure and impoundment for a period of up to 30 days when the motor vehicle is used in the commission or attempted commission of an act that violates Penal Code Section 266(h), or 266(i), or 374.3(h), or 647(b), if the owner or operator of the vehicle has had a prior conviction for the same offense within the past three years. The vehicle only may be impounded pursuant to a valid arrest of the driver for a violation of one of the Penal Code sections listed above.

(a) Within two working days after impoundment, the impounding agency shall send a notice by certified mail, return receipt requested, to the legal owner of the vehicle, at the address obtained from the California Department of Motor Vehicles, informing the owner that the vehicle has been impounded. The notice shall also include notice of the 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. The impounding agency shall be prohibited from charging for more than five days storage if it fails to notify the legal owner within two working days after the impoundment when the legal owner redeems the impounded vehicle. The impounding agency shall maintain a published telephone number that provides information 24 hours a day regarding the impoundment of vehicles and the rights of a legal owner and a registered owner to request a hearing. The notice shall include all of the following information:

(1) The name, address, and telephone number of the agency providing the notice.

(2) The location of the place of storage and description of the vehicle, that shall include, if available, the model or make, the manufacturer, the license plate number, and the mileage.

(3) The authority and purpose for the removal of the vehicle.

(4) A statement that, in order to receive a post storage hearing, the owners, or their agents, shall request the hearing in person, writing, or by telephone within ten days of the date appearing on the notice.

(b) The post storage hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The public agency may authorize one of its own officers or employees to conduct the hearing if that hearing officer is not the same person who directed the seizure of the vehicle.

(c) Failure of the legal and the registered owners, or their agents, to request or to attend a scheduled hearing shall satisfy the post storage hearing requirement.

(d) The agency employing the person who directed the storage shall be responsible for the costs incurred for towing and storage if it is determined in the post storage hearing that reasonable grounds for the storage are not established.

(e) Any period during which a vehicle is subjected to storage under this Section shall be included as part of the period of impoundment.

(f) The impounding agency shall release the vehicle to the registered owner or the owner’s agent prior to the end of the impoundment period under any 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 agrees 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 activities subject to Section 266(h) or 266(i), or Subdivision (b) of Section 647 of the California Penal Code.

(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. The hearing officer shall release the vehicle where the hardship to a spouse, registered domestic partner, or other affected third party created by the impoundment of the subject vehicle, or the length of the impoundment, outweigh the seriousness and the severity of the act in which the vehicle was used.

(g) Notwithstanding any provision of law, if a motor vehicle is released prior to the conclusion of the impoundment period because the driver was arrested without probable cause, neither the arrested person nor the registered owner of the motor vehicle shall be responsible for the towing and storage charges.

(h) Except as provided in Subdivision (g), the registered owner or the registered owner’s agent shall be responsible for all towing and storage charges related to the impoundment.

(i) A vehicle removed and seized under an ordinance adopted pursuant to this Section shall be released to the legal owner of the vehicle or the legal owner’s agent prior to the end of the impoundment period if both of the following conditions are met:

(1) The legal owner is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution legally operating in this state, or is another person who is not the registered owner and holds a security interest in the vehicle.

(2) The legal owner or the legal owner’s agent pays all towing and storage fees related to the seizure and impoundment of the vehicle.

(j) Towing and storage fee requirements:

(1) No lien sale processing fees shall be charged to the legal owner who redeems the vehicle prior to the 15th day of the impoundment period. Neither the impounding authority nor any person having possession of the vehicle shall collect from the legal owner as described in paragraph (1) of Subdivision (i), or the legal owner’s agent, any administrative charges imposed pursuant to California Vehicle Code Section 22850.5, unless the legal owner voluntarily requested a post storage hearing.

(2) A person operating or in charge of a storage facility where vehicles are stored pursuant to this Section shall accept a valid bank credit card or cash for payment of towing, storage, and related fees by a legal or registered owner or the owner’s agent claiming the vehicle. A credit card or debit card shall be in the name of the person presenting the card. For purposes of this Section, “credit card” is as defined in Subdivision (a) of Section 1747.02 of the California Civil Code. Credit card does not include a credit card issued by a retail seller.

(3) A person operating or in charge of a storage facility described in paragraph (2) who violates paragraph (2) shall be civilly liable to the owner of the vehicle or the person who tendered the fees for four times the amount of the towing, storage, and related fees not to exceed five hundred dollars ($500).

(4) A person operating or in charge of the storage facility described in paragraph (2) 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.

(5) Credit charges for towing and storage services shall comply with Section 1748.1 of the California Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies on rates.

(6) A failure by a storage facility to comply with any applicable conditions set forth in this Subdivision shall not affect the right of the legal owner or the legal owner’s agent to retrieve the vehicle if all conditions required of the legal owner or legal owner’s agent under this Subdivision are satisfied.

(k) Requirements for release of a vehicle subject to assignment or repossession:

(1) The legal owner or the legal owner’s agent shall present to the law enforcement agency, impounding agency, person in possession of the vehicle, or any person acting on behalf of those agencies, a copy of the assignment, as defined in Subdivision (b) of Section 7500.1 of the California Business and Professions Code, a release from the one responsible governmental agency, only if required by the agency, a government-issued photographic identification card, and any one of the following as determined by the legal owner or the legal owner’s agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether or not paperless or electronic, showing proof of legal ownership for the vehicle. Any documents presented may be originals, photocopies, or facsimile copies, or may be transmitted electronically. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents to be notarized. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the California Business and Professions Code, or to demonstrate, to the satisfaction of the law enforcement agency, impounding agency, or any person acting on behalf of those agencies that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the California Business and Professions Code.

(2) Administrative costs authorized under Subdivision (a) of Section 22850.5 of the California Vehicle Code shall not be charged to the legal owner of the type specified in paragraph (1) of Subdivision (i) who redeems the vehicle unless the legal owner voluntarily requests a post storage hearing. The City shall not require a legal owner or a legal owner’s agent to request a post storage hearing as a requirement for release of the vehicle to the legal owner or the legal owner’s agent. The law enforcement agency, impounding agency, or other governmental agency, or any person acting on behalf of those agencies, shall not require any documents other than those specified in this Paragraph. The legal owner or the legal owner’s agent shall be given a copy of any documents the legal owner or legal owner’ agent is required to sign, except for a vehicle evidentiary hold log book. The law enforcement agency, impounding agency, or any person acting on behalf of those agencies, or any person in possession of the vehicle, may photocopy and retain the copies of any documents presented by the legal owner or legal owner’s agent. 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.

(l) A legal owner, who meets the requirements for release of a vehicle pursuant to Subdivision (i), or the legal owner’s agent, shall not be required to request a post storage hearing as a requirement for release of the vehicle to the legal owner or the legal owner’s agent.

(m) Time period for release of the vehicle:

(1) A legal owner, who meets the requirements for release of a vehicle pursuant to Subdivision (i), or the legal owner’s agent, shall not release the vehicle to the registered owner of the vehicle or an agent of the registered owner, unless the registered owner is a rental car agency, until after the termination of the impoundment period.

(2) Prior to relinquishing the vehicle, the legal owner may require the registered owner to pay all towing and storage charges related to the seizure and impoundment.

(n) Time period for release of the vehicle to a rental car agency:

(1) A vehicle removed and seized pursuant to an ordinance adopted pursuant to this Section shall be released to a rental car agency prior to the end of the impoundment period 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 and impoundment of the vehicle.

(2) The owner of a rental vehicle that was seized under an ordinance adopted pursuant to this Section 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.

(3) 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.

(o) Severability. If any subsection, sentence, clause, or phrase of this Section is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Section, and each and every subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

SEC. 41.70.1. NUISANCE VEHICLES – CONTROLLED SUBSTANCES.

(Added by Ord. No. 175,573, Eff. 11/24/03.)

A. Definitions.

“Controlled substance” means a drug, substance or immediate precursor that is listed in any schedule in California Health and Safety Code Sections 11054, 11055, 11056, 11057 or 11058.

“Driver” means any person who drives or is in physical control of a vehicle.

“Vehicle” means any transportation device which requires the driver to have in their immediate possession a valid driver’s license for the appropriate class of vehicle being driven.

B. Abatement of Nuisance Vehicle by Seizure and Forfeiture.

1. Any vehicle used to illegally acquire or attempt to illegally acquire any controlled substance is declared a nuisance and the vehicle shall be enjoined and abated as provided in this section.

2. Any person or the person’s 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 responsible for creating a public nuisance.

C. Title to Vest in the City. All right, title and interest in any vehicle described in Subsection B. shall vest in the City upon commission of the act giving rise to the nuisance under this section.

D. Seizure of Vehicle.

1. A peace officer may seize a vehicle subject to forfeiture under this section upon the issuance of an order by a court having jurisdiction of the vehicle. Seizure without court order may be made in any of the following circumstances:

(a) The seizure is incident to an arrest or search under a search warrant;

(b) There is probable cause to believe the vehicle was used in violation of this section.

2. A peace officer seizing a vehicle under this section shall complete a receipt in accordance with Penal Code Section 1412 and deliver it to the person from whose possession the vehicle was seized.

3. An immediate investigation shall be made by the public agency making the seizure as to any potential claimant to a seized vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles of this or any other state or appropriate federal agency. The public agency shall send a notice of seizure within two business days of the vehicle’s seizure, to all potential claimants whose right, title, interest or lien did not arise subsequent to the date and time of seizure of the vehicle, if that person or entity was not previously given a notice of seizure.

4. The public agency seizing the vehicle shall provide any potential claimants discovered as a result of the investigation set out in D.3. with the opportunity for a post-seizure hearing to determine the validity of the seizure. The post-seizure hearing shall be conducted within two business days of the request for the hearing. The public agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the seizure of the vehicle. Failure of the potential claimant to request or attend a scheduled hearing within the appropriate time frame shall satisfy the post-seizure requirement.

(a) The notice of seizure shall include the following:

(i) the name, address and telephone number of the agency providing the notice;

(ii) the authority and reason for the seizure;

(iii) a statement that in order to receive their post-seizure hearing, the potential claimant shall request the hearing in person, in writing, or by telephone within ten calendar days of the date of the notice; and

(iv) the time in which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed.

5. A vehicle seized pursuant to this section, where appropriate may be held as evidence in any proceeding brought by the City Attorney or District Attorney.

E. Forfeiture and Notice of Intended Forfeiture of Vehicle.

1. The City Attorney may, pursuant to this section, order the forfeiture of vehicles seized under this section.

2. If the City Attorney determines that the factual circumstances warrant forfeiture of the vehicle described in Subsection B., the City Attorney shall serve a notice of intended forfeiture upon any person who has an interest in the seized vehicle. The notice shall be served as soon as practicable, but in any event within 30 calendar days of the seizure of the vehicle subject to forfeiture.

3. The notice of intended forfeiture shall be served as follows:

(a) By personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to Subsection D.3.

(b) In the event that the person entitled to service refuses to accept certified return receipt mail or cannot be personally served, service may be made by substituted service. Substituted service may be accomplished by any one of the following methods:

(i) By leaving a copy during usual business hours at the recipient’s business with the person who is apparently in charge, and by thereafter mailing by first class mail a copy to the recipient where the copy was left;

(ii) By leaving a copy at the recipient’s dwelling or usual place of abode, in the presence of a competent member of the household and thereafter mailing by first class mail a copy to the recipient at the address where the copy was left.

(c) If the person entitled to service lives out of state and will not accept certified return receipt mail, then service may be made by first class mail.

(d) If the person entitled to notice cannot be located, or service cannot be effected as set forth in this subsection, service may be made by publication in a Los Angeles newspaper of general circulation. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.

F. Claim Opposing Forfeiture and Court Proceedings.

1. A person claiming an interest in the vehicle seized pursuant to Subsection B. must within ten calendar days from the date of the notice of intended forfeiture or within 30 calendar days from the date of first publication of the notice of intended forfeiture, file with the Superior Court of the county in which the vehicle was seized, a Claim Opposing Forfeiture, verified in accordance with Section 446 of the Code of Civil Procedure, stating the lien holder’s interest in the vehicle. An endorsed copy of the claim shall be served upon the City Attorney within ten calendar days of the filing of the claim.

2. If a verified claim is filed in accordance with this section, the forfeiture proceeding shall be set for hearing within 30 calendar days from the date the claim is filed with the court. The City Attorney shall file a petition for forfeiture with the court within ten calendar days of service of the claim upon the City Attorney. A copy of the petition shall be served upon the claimant.

3. The hearing shall be before the Superior Court of Los Angeles County. The provisions of the Code of Civil Procedure shall apply to proceedings under this section unless otherwise inconsistent with the provisions or procedures set forth in this section. However, in proceedings under this section, there shall be no joinder of actions, coordination of actions, except for forfeiture proceedings, or cross-complaints, and the issues shall be limited strictly to the questions related to this section. Trial shall be by court or jury.

4. With respect to vehicles described in Subsection B. for which forfeiture is sought and as to which forfeiture is contested, the City Attorney shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Subsection B.

5. Upon proof that the vehicle was used for any of the purposes set forth in Subsection B., the court shall declare the vehicle a nuisance and order that the vehicle be forfeited, sold, and the proceeds distributed as set forth in Subsection G. The court may make a different distribution of the proceeds, if the court finds that the claimant did not know that the vehicle was used for a purpose that constitutes a violation of this section

6. If no claims are timely filed, 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. The proceeds from the disposal of the vehicle declared forfeited by the City Attorney shall be distributed in accordance with Subsection G. The City Attorney ordering forfeiture pursuant to this section shall provide a copy of the declaration of forfeiture to any person who received notice of the forfeiture proceedings.

G. Disposal of Vehicle and Distribution of Proceeds.

1. In all cases where vehicles seized pursuant to this section are forfeited to the City, the vehicles shall be sold, or if cash is paid as settlement in lieu of forfeiture of the vehicle, the proceeds of sale or settlement shall be distributed and appropriated as follows:

(a) To pay costs associated with the towing, storage and release of any vehicle seized under this section.

(b) To pay costs associated with the sale of the vehicle.

2. The remaining funds shall be distributed as follows:

(a) To the City Attorney for all expenditures other than personnel costs, made or incurred by the Office in connection with the enforcement of this section, including but not limited to, costs for equipment, investigation, supplies, litigation, insurance and liability resulting from enforcement of this section and costs of publication of the notices set forth in Subsection E.

(b) To local law enforcement for all expenditures other than personnel costs, made or incurred by the Department in connection with enforcement of this section, including but not limited to, costs for equipment, investigation and supplies related to enforcement of this section.

3. For budgeting purposes, funds attributable to this ordinance shall not be considered anticipated revenue into the general fund.

H. Stolen Vehicles. A vehicle that has been reported stolen, prior to a seizure under this section shall not be subject to forfeiture unless the identity of the registered owner cannot be reasonably ascertained or the registered owner fails to redeem the vehicle within 60 days of the seizure. The registered owner of the vehicle may claim the vehicle upon payment of tow, storage and release charges, provided the vehicle is not subject to any holds for traffic or parking violations and the vehicle registration is current.

I. Recovery of Monetary Loss. Nothing in this section shall preclude an owner of a vehicle who suffers a monetary loss from the forfeiture of a vehicle under this section from recovering the amount of the actual monetary loss from the person who committed the act giving rise to forfeiture under this section.

SEC. 41.70.2. NUISANCE VEHICLES – SPEED CONTESTS AND EXHIBITIONS OF SPEED.

(Amended by Ord. No. 175,848, Eff. 4/24/04.)

A. Definitions.

Driver means any person who drives a motor vehicle.

Exhibition of speed means a willful act of showing off or displaying a dangerous or imprudent speed in a vehicle on a highway where the presence of another person is known to the driver or may reasonably be anticipated by the driver. In order to constitute an exhibition of speed under this section, there must be spectators present at the event.

Highway means a way or place of whatever nature, which is used by the public for vehicular travel. It does not include a facility which is specifically designed and legally maintained for the purposes of speed contests or exhibitions of speed.

Speed contest means a contest where a vehicle is raced on a highway against another vehicle, a clock, or other timing device. In order to constitute a speed contest under this section, at least two vehicles must be assembled or spectators must be present at the event. An event where the time to cover a prescribed route of more than 20 miles is measured, but where the vehicle does not exceed the speed limit is not a speed contest.

Vehicle means any transportation device that requires the driver to have in their immediate possession a valid driver’s license for the appropriate class of vehicle being driven and which transportation device is equipped with a motor.

B. Abatement of Nuisance Vehicle by Seizure and Forfeiture.

1. Any vehicle used in a speed contest is declared a nuisance and the vehicle shall be enjoined and abated as provided in this section.

2. Any vehicle used in an exhibition of speed is declared a nuisance and the vehicle shall be enjoined and abated as provided in this section.

3. Any person or the person’s 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 responsible for creating a public nuisance.

C. Title to Vest in the City. All rights, title and interest in any vehicle described in Subsection B. shall vest in the City upon commission of the act giving rise to the nuisance under this section.

D. Seizure of Vehicle.

(a) The seizure is incident to an arrest or search under a search warrant;

(b) There is probable cause to believe the vehicle was used in violation of this section.

2. A peace officer seizing a vehicle under this section shall complete a receipt in accordance with Penal Code Section 1412 and deliver it to the person from whose possession the vehicle was seized.

3. An immediate investigation shall be made by the public agency making the seizure as to any potential claimant to a vehicle whose right, title, interest, or lien is of record in the Department of Motor Vehicles of this or any other state or appropriate federal agency. If the public agency finds that any person, other than the registered owner, is the legal owner, and the ownership did not arise subsequent to the date and time of arrest or seizure of the vehicle or notification of the forfeiture proceedings, it shall, within two business days of the vehicle’ s seizure, send a notice of seizure to the legal owner at the legal owner’s address appearing on the records of the Department of Motor Vehicles of this or any other state or any appropriate federal agency.

4. The public agency seizing the vehicle shall provide any potential claimants discovered as a result of the investigation set out in D.3. with the opportunity for a post-seizure hearing to determine the validity of the seizure. The post-seizure hearing shall be conducted within two business days of the request. The public agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the seizure of the vehicle. Failure of either the registered or legal owner, or the registered or legal owner’s agent, to request or attend a scheduled hearing within the appropriate time frame shall satisfy the post-seizure requirement.

The notice of seizure shall include the following:

(i) the name, address and telephone number of the agency providing the notice;

(ii) the authority and reason for the seizure;

(iii) a statement that in order to receive their post seizure hearing, the owners, or their agents, shall request the hearing in person, in writing, or by telephone within ten calendar days of the date of the notice; and

(iv) the time in which a claim of interest in the vehicle seized or subject to forfeiture is required to be filed.

(v) A vehicle seized pursuant to this section, where appropriate, may be held as evidence in any proceeding brought by the City Attorney or District Attorney.

E. Forfeiture and Notice of Intended Forfeiture of Vehicle.

1. The City Attorney may, pursuant to this section, order the forfeiture of vehicles seized under this section.

3. The notice of intended forfeiture shall be served as follows:

(a) The notice of intended forfeiture shall be served by personal delivery or certified mail, return receipt requested, upon any person who has an interest in the seized vehicle as determined pursuant to Subsection D.3.

(c) If the person entitled to service lives out of state and will not accept certified return receipt mail, then service may be made by first class mail.

(d) If the person entitled to notice cannot be located, or service cannot be made as set forth in this subsection, service may be made by publication in a Los Angeles newspaper of general circulation. Service shall be deemed sufficient when it is accomplished pursuant to Government Code Section 6063.

F. Claim Opposing Forfeiture and Court Proceedings.

1. A person claiming an interest in the vehicle seized pursuant to Subsection B. must within ten calendar days from the date of the notice of intended forfeiture or within 30 calendar days from the date of first publication of the notice of intended forfeiture, file with the Superior Court of the county in which the vehicle was seized, a Claim Opposing Forfeiture, verified in accordance with Section 446 of the Code of Civil Procedure, stating their interest in the vehicle. An endorsed copy of the claim shall be served upon the City Attorney within ten calendar days of the filing of the claim.

3. The hearing shall be before the Superior Court of Los Angeles County. The provisions of the Code of Civil Procedure shall apply to proceedings under this section unless otherwise inconsistent with the provisions or procedures set forth in this section. However, in proceedings under this section, there shall be no joinder or coordination of actions, except for forfeiture proceedings, or cross-complaints, and the issues shall be limited strictly to the questions related to this section. Trial shall be by court or jury.

5. Upon proof that the vehicle was used for any of the purposes set forth in Subsection B., the court shall declare the vehicle a nuisance and order that the vehicle be forfeited and the proceeds upon sale distributed as set forth in Subsection G. The court may make a different distribution of the proceeds, if the court finds that the claimant did not know that the vehicle was used for a purpose that constitutes a violation of this section.

G. Disposal of Vehicle and Distribution of Proceeds.

1. In all cases where vehicles seized pursuant to this section are forfeited to the City, the vehicles shall be sold or destroyed. The proceeds of sale shall be distributed and appropriated as follows:

(a) To pay costs associated with the towing, storage and release of any vehicle seized under this section;

(b) To pay costs associated with the sale of the vehicle; and

2. The remaining funds shall be distributed as follows:

3. A vehicle may be destroyed only if the condition of the vehicle warrants destruction and there are no lien holders or claimants who did not know that the vehicle was used for a purpose that constitutes a violation of this section.

4. A forfeited vehicle shall not be sold to the person who was the driver of the vehicle at the time the vehicle was seized.

5. In lieu of forfeiture, a settlement may be negotiated, in which case the proceeds of the settlement shall be distributed and appropriated as follows:

6. For budgeting purposes, funds attributable to this ordinance shall not be considered anticipated revenue into the general fund.

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