(1) Definitions.
(a) Drifting. For purposes of this Section, "Drifting" is the intentional act of steering a vehicle in a circle where the rear wheel or wheels loose traction and create a controlled skid sideways. This also referred to as doughnuts or spin-outs.
(b) Nuisance Vehicle. For purposes of this Section, a Nuisance Vehicle is:
(.1) any vehicle operating a radio or any other sound device that amplifies the sound from within the motor vehicle that is plainly audible at a distance greater than one hundred feet from the vehicle, unless such vehicle is being used in connection with the holding of a public assembly for which a permit or license has been issued by the City;
(.2) any vehicle engaging in Drifting; or
(.3) any vehicle used to block any intersection, street, highway or access point to any recreation center or private property, without the consent of the owner, to facilitate or otherwise enable the act of Drifting to occur by another.
(2) Prohibited Conduct.
(a) No owner or operator shall allow, authorize or otherwise permit a Nuisance Vehicle to be parked, maintained or operated in any area of the City.
(b) No person shall participate or contribute to the act of Drifting as a spectator or otherwise.
(3) Penalties.
(a) The penalty for violation of subsection (2)(a) shall be:
(.1) A fine of two thousand dollars ($2,000) per offense.
(.2) The owners and operators of a Nuisance Vehicle shall be jointly liable for all costs incurred by the City for emergency response, cleanup, repair, and damage to City property where a violation has occurred. Legal interest shall accrue for any amount not paid within thirty (30) days from the date a bill for costs incurred is provided to the violator.
(.3) Any fine or cost imposed by the court shall be entered as a judgment against the violator.
(.4) Any fine or other sanction imposed by the Court shall be paid or satisfied within ten (10) days of its imposition. If the fine or sanction together with any court cost is not paid or satisfied within such period, the violator shall be subject to proceedings for contempt of court and/or collection of the fines as provided for by law.
(b) The penalty for violation of subsection (2)(b) shall be a fine of three hundred dollars ($300).
(4) Enforcement.
(a) Notices of violation shall be issued by police officers or any other person authorized to enforce ordinances, pursuant to the procedures set forth in Section 10-1606 of this Code. Contested charges shall be resolved, penalties shall be imposed, and payments shall be collected and processed by the Director of Finance and the Office of Administrative Review (or such other office as the Director of Finance shall designate), all pursuant to the procedures set forth in Sections 10-1604 through 10-1609.
(5) Seizure.
(a) City Council hereby declares that Nuisance Vehicles are an imminent health and safety hazard, therefore, in addition to issuance of a notice of violation, any police officer who discovers a Nuisance Vehicle on any street, park, or recreation center may seize the vehicle.
(b) The procedures set forth in Chapter 12-2400 shall apply to the seizure of a vehicle pursuant to this Section.
(c) When an impounded vehicle is returned to its owners, or any person on behalf of the owner, such person shall sign a receipt for the vehicle after furnishing satisfactory evidence of a person's identity, ownership of the vehicle (or agency on behalf of the owner), valid driver's license, registration, and valid financial responsibility.
Notes
| 170.2 | Added, Bill No. 230415-A
(approved September 13, 2023). Enrolled bill numbered this as Section 12-1135; renumbered by Code editor. |