BILL NUMBER: AB 14 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 9, 2009
INTRODUCED BY Assembly Member Fuentes
DECEMBER 1, 2008
An act to repeal and add Section 22659.5 of the Vehicle Code,
relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 14, as amended, Fuentes. Vehicles: nuisance abatement:
impoundment.
Existing law authorizes a city, county, or city and county to
establish a 5-year pilot program that implements a procedure to
declare a motor vehicle to be a public nuisance when the motor
vehicle is used in the commission of specified crimes related to
prostitution.
This bill would repeal the provisions authorizing the pilot
program and would instead authorize a city, county, and city or
county to adopt an ordinance declaring a motor vehicle to be a
nuisance subject to impoundment for not more than 30 days when the
motor vehicle is involved in the commission of specified crimes
related to prostitution or illegal dumping of commercial
quantities of waste matter upon a public or private highway or road
. The bill would require the ordinance to include specified
provisions related to notice and ,
the payment of towing, storage, and administrative fees, the
provision of a poststorage hearing, and the release of the impounded
vehicle.
This bill would also require the ordinance to provide that a
person operating or in charge of a storage facility is civilly liable
to the owner of the vehicle or the person who tendered the towing,
storage, and related fees for 4 times the amount, not to exceed $500,
if the person operating or in charge of the storage facility fails
to comply with specified requirements to accept a valid bank credit
card or cash for the payment of those fees.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 22659.5 of the Vehicle Code is repealed.
SEC. 2. Section 22659.5 is added to the Vehicle Code, to read:
22659.5. Notwithstanding any other provision of law, a city or a
county may adopt an ordinance declaring a motor vehicle to be a
public nuisance subject to seizure and 30-day impoundment when the
motor vehicle is used in the commission or attempted commission of an
act that violates Section 266h or 266i of, subdivision (h) of
Section 374.3 of, or subdivision (b) of Section 647 of, the
Penal Code, if the owner or operator of the vehicle has had a prior
conviction under one of these provisions. The vehicle may only be
impounded pursuant to a valid arrest of the driver for a violation of
one of these provisions. An ordinance adopted pursuant to this
section shall, at a minimum, contain all of the following provisions:
(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 department, informing the owner that the vehicle has been
impounded. The notice shall also include notice of the opportunity
for a poststorage 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 poststorage hearing,
the owners, or their agents, shall request the hearing in person,
writing, or by telephone within 10 days of the date appearing on the
notice.
(b) The poststorage 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
poststorage 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 poststorage hearing that reasonable grounds for
the storage are not established.
(e) Any period during which a vehicle is subjected to storage
under an ordinance adopted pursuant to 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 his or her 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 266h or 266i of, or subdivision (b) of
Section 647 of, the 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 is responsible
for towing and storage charges nor shall the motor vehicle be sold to
satisfy those charges.
(h) The registered owner or his or her 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 all 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) (A) The legal owner or the legal owner's
agent pays all towing and storage fees related to the seizure and
impoundment of the vehicle. No lien sale processing fees shall
be charged to the legal owner who redeems the vehicle prior to the
15th day of impoundment. Neither the impounding authority nor any
person having possession of the vehicle shall collect from the legal
owner as described in paragraph (1), or the legal owner's agent, any
administrative charges imposed pursuant to Section 22850.5, unless
the legal owner voluntarily requested a poststorage hearing.
(B) 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
Civil Code. Credit card does not include a credit card issued by a
retail seller.
(C) A person operating or in charge of a storage facility
described in subparagraph (B) who violates subparagraph (B) 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).
(D) A person operating or in charge of the storage facility
described in subparagraph (B) 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.
(E) Credit charges for towing and storage services shall comply
with Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when making
agreements with towing companies on rates.
(3) The legal owner or the legal owner's agent presents either
lawful foreclosure documents or an affidavit of repossession for the
vehicle, and a security agreement or title showing proof of legal
ownership for the vehicle.
(3) (A) The legal owner or the legal owner's agent presents 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 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
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 Business and
Professions Code.
(B) Administrative costs authorized under subdivision (a) of
Section 22850.5 shall not be charged to the legal owner of the type
specified in paragraph (1) who redeems the vehicle unless the legal
owner voluntarily requests a poststorage hearing. A city, county,
city and county, or state agency shall not require a legal owner or a
legal owner's agent to request a poststorage 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 he or she 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.
(4) 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.
(j) 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 poststorage hearing as a
requirement for release of the vehicle to the legal owner or the
legal owner's agent.
(k) (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.
(l) (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.