Loading...
Sections 5603, 5604, 5605 do not apply to:
(a) law enforcement officials engaged in the course and scope of their duties;
(b) members of the media engaged in the course and scope of their duties; and
(c) members of the public who are merely observing and/or reporting on the Preparation of a Vehicle Sideshow, or on a Vehicle Sideshow, provided they are not Participating or aiding and abetting in the Preparation of a Vehicle Sideshow or in a Vehicle Sideshow.
(Added by Ord. 239-24, File No. 240844, App. 10/15/2024, Eff. 11/15/2024)
No person shall willfully obstruct, impede, delay, or interfere with law enforcement’s performance of official duties in connection with Preparation of a Vehicle Sideshow or in connection with a Vehicle Sideshow.
(Added by Ord. 239-24, File No. 240844, App. 10/15/2024, Eff. 11/15/2024)
Any person who violates Sections 5603, 5604, 5605, or 5607 is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not to exceed $500, or by imprisonment for a period of not to exceed six months, or by both such fine and imprisonment.
(Added by Ord. 239-24, File No. 240844, App. 10/15/2024, Eff. 11/15/2024)
(a) Any law enforcement official who arrests any person engaged in conduct that violates Section 23109.2 of the California Vehicle Code, as may be amended from time to time, shall impound the vehicle for for1
30 days.
(b) Except as specified in California Vehicle Code Section 23109.2(c)-(d), any vehicle impounded under subsection (a), above, shall be released only (1) if the District Attorney fails to charge the registered owner or operator of the vehicle with violating Section 23109 et. seq.1
of the California Vehicle Code, (2) the District Attorney or the court directs the law enforcement official to release the vehicle, or (3) there is no other legal basis to hold the vehicle.
(c) If the District Attorney charges a person with a violation of Section 23109 et. seq.1
of the California Vehicle Code, law enforcement official shall retain the vehicle used in the Vehicle Sideshow at least until the conclusion of the criminal action unless the District Attorney or the court orders the release of the vehicle.
(d) If the defendant is charged with and convicted of violating Section 23109 et. seq.1
of the California Vehicle Code and the defendant’s vehicle was impounded and not subject to return under 23109.2 of the California Vehicle Code, law enforcement officials may either sell the vehicle at a public auction or destroy it if the vehicle has little to no value.
(e) Nothing in this Article 56 shall override any applicable provisions in the California Vehicle Code.
(f) This Article 56 shall be construed and enforced consistent with the First Amendment of the United States Constitution.
CODIFICATION NOTE
1. So in Ord. 239-24.
In enacting and implementing this Article 56, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Added by Ord. 239-24, File No. 240844, App. 10/15/2024, Eff. 11/15/2024)
If any section, subsection, sentence, clause, phrase, or word of this Article 56, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Article. The Board of Supervisors hereby declares that it would have passed this Article and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of the Article or application thereof would be subsequently declared invalid or unconstitutional.
(Added by Ord. 239-24, File No. 240844, App. 10/15/2024, Eff. 11/15/2024)