AB 2811, as amended, Chávez. Vehicles: nuisance abatement.
Existing law authorizes a city or county to adopt an ordinance declaring a motor vehicle to be a public nuisance subject to seizure and an impoundment of up to 30 days if the vehicle is used in the commission or attempted commission of the crimes of pimping, pandering, and soliciting, or agreeing to engage in, or engaging in, any act of prostitution, or illegal dumping of commercial quantities of waste matter upon a public or private highway or road, if the owner or operator of the vehicle had a prior conviction for the same offense within the past 3 years.
This bill wouldbegin delete revise this authority by deleting the requirement that the owner or operator of a vehicle convicted of illegal dumping have suffered a prior conviction for the illegal dumping offense. The bill would alsoend delete
remove the prior conviction requirement for the sex crimes described above if the victim is a minor or a victim of human trafficking, as defined. The bill would also makebegin insert otherend insert technical,begin delete nonsubstantiveend deletebegin insert nonsubstantive, and clarifyingend insert changes to these provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 22659.5 of the Vehicle Code is amended
2to read:
(a) Notwithstanding any other law, a city, county,
4or city and county may adopt an ordinance declaring a motor
5vehicle to be a public nuisance subject to seizure and an
6impoundment period of up to 30 days if the motor vehicle is used
7in the commission or attempted commission of an act that violates
8any of the following sections and if the owner or operator of the
9vehicle has within the immediately preceding three years had a
10prior conviction for the same offense:
11(1) Section 266h of the Penal Code.
12(2) Section 266i of the Penal Code.
13(3) Subdivision (b) of Section 647 of the Penal Code.
begin insert
14A vehicle may only be impounded pursuant to a valid arrest of
15the driver for a violation of one of these offenses.
16(b) Notwithstanding subdivision (a), a city, county, or city and
17county may adopt an ordinance declaring a motor vehicle to be a
18public nuisance subject to seizure and an impoundment period of
19up to 30 days if the motor vehicle is used in the commission or
20attempted commission of an act that violates Section 266h or 266i
21of, or subdivision (b) of Section 647 of, the Penal Code, and the
22arresting officer or agency has probable cause to believe that the
23victim of any of these violations is a minor or a victim of human
24trafficking, as defined in Section 236.1 of the Penal Code.
25(c) begin deleteA end deletebegin insertNotwithstanding any other law, a end insertcity, county, or city and
26county may adopt an ordinance declaring a motor vehicle to be a
27public nuisance subject to seizure and an impoundment period of
28up to 30 days if the motor vehicle is used in the commission or
29attempted commission of an act that violates subdivision (h) of
30Section 374.3 of the Penalbegin delete Code.end deletebegin insert
Code and if the owner or operator
31of the vehicle has within the immediately preceding three years
32had a prior conviction for the same offense. A vehicle may only
33be impounded pursuant to a valid arrest of the driver for a violation
34of this offense.end insert
35(d) An ordinance adopted pursuant to this section may
36incorporate any combination or all of the offenses specified in
37subdivisions (a), (b), and (c). The vehicle may only be impounded
P3 1pursuant to a valid arrest of the driver for a violation of one of
2these provisions.
3(e)
end delete
4begin insert(d)end insert An ordinance adopted pursuant to this section shall, at a
5minimum, contain all of the following provisions:
6(1) Within two working days after impoundment, the
7impounding agency shall send a notice by certified mail, return
8receipt requested, to the legal owner of the vehicle, at the address
9obtained from the department, informing the owner that the vehicle
10has been impounded. The notice shall also include notice of the
11opportunity for a poststorage hearing to determine the validity of
12the storage or to determine mitigating circumstances establishing
13that the vehicle should be released. The impounding agency is
14prohibited from charging for more than five days’ storage if it fails
15to notify the legal owner within two working days after the
16impoundment when the legal owner redeems the impounded
17vehicle. The impounding agency shall
maintain a published
18telephone number that provides information 24 hours a day
19regarding the impoundment of vehicles and the rights of a legal
20owner and a registered owner to request a hearing. The notice shall
21include all of the following information:
22(A) The name, address, and telephone number of the agency
23providing the notice.
24(B) The location of the place of storage and description of the
25vehicle, that shall include, if available, the model or make, the
26manufacturer, the license plate number, and the mileage.
27(C) The authority and purpose for the removal of the vehicle.
28(D) A statement that, in order to receive a poststorage hearing,
29the owners, or their
agents, shall request the hearing in person,
30writing, or by telephone within 10 days of the date appearing on
31the notice.
32(2) The poststorage hearing shall be conducted within 48 hours
33of the request, excluding weekends and holidays. The public
34agency may authorize one of its own officers or employees to
35conduct the hearing if that hearing officer is not the same person
36who directed the seizure of the vehicle.
37(3) Failure of the legal and the registered owners, or their agents,
38to request or to attend a scheduled hearing shall satisfy the
39poststorage hearing requirement.
P4 1(4) The agency employing the person who directed the storage
2shall be responsible for the costs incurred for towing and storage
3if it is
determined in the poststorage hearing that reasonable
4grounds for the storage are not established.
5(5) Any period during which a vehicle is subjected to storage
6under an ordinance adopted pursuant to this section shall be
7included as part of the period of impoundment.
8(6) The impounding agency shall release the vehicle to the
9registered owner or his or her agent prior to the end of the
10impoundment period under any of the following circumstances:
11(A) The driver of the impounded vehicle was arrested without
12probable cause.
13(B) The vehicle is a stolen vehicle.
14(C) The vehicle is subject to bailment and was
driven by an
15unlicensed employee of a business establishment, including a
16parking service or repair garage.
17(D) The driver of the vehicle is not the sole registered owner of
18the vehicle and the vehicle is being released to another registered
19owner of the vehicle who agrees not to allow the driver to use the
20vehicle until after the end of the impoundment period.
21(E) The registered owner of the vehicle was neither the driver
22nor a passenger of the vehicle at the time of the alleged violation,
23or was unaware that the driver was using the vehicle to engage in
24activities subject to Section 266h or 266i of, subdivision (h) of
25Section 374.3 of, or subdivision (b) of Section 647 of, the Penal
26Code.
27(F) A spouse,
registered domestic partner, or other affected third
28party objects to the impoundment of the vehicle on the grounds
29that it would create a hardship if the subject vehicle is the sole
30vehicle in a household. The hearing officer shall release the vehicle
31where the hardship to a spouse, registered domestic partner, or
32other affected third party created by the impoundment of the subject
33vehicle, or the length of the impoundment, outweigh the
34seriousness and the severity of the act in which the vehicle was
35used.
36(7) Notwithstanding any provision of law, if a motor vehicle is
37released prior to the conclusion of the impoundment period because
38the driver was arrested without probable cause, neither the arrested
39person nor the registered owner of the motor vehicle is responsible
40for the towing and storage charges.
P5 1(8) Except as provided in paragraph (7), the registered owner
2or his or her agent shall be responsible for all towing and storage
3charges related to the impoundment.
4(9) A vehicle removed and seized under an ordinance adopted
5pursuant to this section shall be released to the legal owner of the
6vehicle or the legal owner’s agent prior to the end of the
7impoundment period if both of the following conditions are met:
8(A) The legal owner is a motor vehicle dealer, bank, credit
9union, acceptance corporation, or other licensed financial institution
10legally operating in this state, or is another person who is not the
11registered owner and holds a security interest in the vehicle.
12(B) The legal owner or the legal owner’s agent
pays all towing
13and storage fees related to the seizure and impoundment of the
14vehicle.
15(10) (A) No lien sale processing fees shall be charged to the
16legal owner who redeems the vehicle prior to the 15th day of the
17impoundment period. Neither the impounding authority nor any
18person having possession of the vehicle shall collect from the legal
19owner as described in subparagraph (A) of paragraph (9), or the
20legal owner’s agent, any administrative charges imposed pursuant
21to Section 22850.5, unless the legal owner voluntarily requested
22a poststorage hearing.
23(B) A person operating or in charge of a storage facility where
24vehicles are stored pursuant to this section shall accept a valid
25bank credit card or cash for payment of towing, storage, and related
26fees
by a legal or registered owner or the owner’s agent claiming
27the vehicle. A credit card or debit card shall be in the name of the
28person presenting the card. For purposes of this section, “credit
29card” is as defined in subdivision (a) of Section 1747.02 of the
30Civil Code. Credit card does not include a credit card issued by a
31retail seller.
32(C) A person operating or in charge of a storage facility
33described in subparagraph (B) who violates that subparagraph shall
34be civilly liable to the owner of the vehicle or the person who
35tendered the fees for four times the amount of the towing, storage,
36and related fees not to exceed five hundred dollars ($500).
37(D) A person operating or in charge of the storage facility
38described in subparagraph (B) shall have sufficient funds on
the
39premises of the primary storage facility during normal business
P6 1hours to accommodate, and make change for, a reasonable
2monetary transaction.
3(E) Credit charges for towing and storage services shall comply
4with Section 1748.1 of the Civil Code. Law enforcement agencies
5may include the costs of providing for payment by credit when
6
making agreements with towing companies on rates.
7(F) A failure by a storage facility to comply with any applicable
8conditions set forth in this paragraph shall not affect the right of
9the legal owner or the legal owner’s agent to retrieve the vehicle
10if all conditions required of the legal owner or legal owner’s agent
11under this subdivision are satisfied.
12(11) (A) The legal owner or the legal owner’s agent shall
13present to the law enforcement agency, impounding agency, person
14in possession of the vehicle, or any person acting on behalf of
15those agencies, a copy of the assignment, as defined in subdivision
16(b) of Section 7500.1 of the Business and Professions Code, a
17release from the one responsible governmental agency, only if
18required by the
agency, a government-issued photographic
19identification card, and any one of the following as determined by
20the legal owner or the legal owner’s agent: a certificate of
21repossession for the vehicle, a security agreement for the vehicle,
22or title, whether or not paperless or electronic, showing proof of
23legal ownership for the vehicle. Any documents presented may be
24originals, photocopies, or facsimile copies, or may be transmitted
25electronically. The law enforcement agency, impounding agency,
26or other governmental agency, or any person acting on behalf of
27those agencies, shall not require any documents to be notarized.
28The law enforcement agency, impounding agency, or any person
29acting on behalf of those agencies may require the agent of the
30legal owner to produce a photocopy or facsimile copy of its
31repossession agency license or registration issued pursuant to
32Chapter 11 (commencing with Section
7500) of Division 3 of the
33Business and Professions Code, or to demonstrate, to the
34satisfaction of the law enforcement agency, impounding agency,
35or any person acting on behalf of those agencies that the agent is
36exempt from licensure pursuant to Section 7500.2 or 7500.3 of the
37Business and Professions Code.
38(B) Administrative costs authorized under subdivision (a) of
39Section 22850.5 shall not be charged to the legal owner of the type
40specified in subparagraph (A) of paragraph (9) who redeems the
P7 1vehicle unless the legal owner voluntarily requests a poststorage
2hearing. A city, county, city and county, or state agency shall not
3require a legal owner or a legal owner’s agent to request a
4poststorage hearing as a requirement for release of the vehicle to
5the legal owner or the legal owner’s agent. The law enforcement
6agency, impounding
agency, or other governmental agency, or
7any person acting on behalf of those agencies, shall not require
8any documents other than those specified in this subparagraph.
9The legal owner or the legal owner’s agent shall be given a copy
10of any documents he or she is required to sign, except for a vehicle
11evidentiary hold log book. The law enforcement agency,
12impounding agency, or any person acting on behalf of those
13agencies, or any person in possession of the vehicle, may
14photocopy and retain the copies of any documents presented by
15the legal owner or legal owner’s agent. The legal owner shall
16indemnify and hold harmless a storage facility from any claims
17arising out of the release of the vehicle to the legal owner or the
18legal owner’s agent and from any damage to the vehicle after its
19release, including the reasonable costs associated with defending
20any such claims.
21(12) A legal owner, who meets the requirements for release of
22a vehicle pursuant to paragraph (9), or the legal owner’s agent,
23shall not be required to request a poststorage hearing as a
24requirement for release of the vehicle to the legal owner or the
25legal owner’s agent.
26(13) (A) A legal owner, who meets the requirements for release
27of a vehicle pursuant to paragraph (9) or the legal owner’s agent,
28shall not release the vehicle to the registered owner of the vehicle
29or an agent of the registered owner, unless the registered owner is
30a rental car agency, until after the termination of the impoundment
31period.
32(B) Prior to relinquishing the vehicle, the legal owner may
33require the registered owner
to pay all towing and storage charges
34related to the seizure and impoundment.
35(14) (A) A vehicle removed and seized pursuant to an ordinance
36adopted pursuant to this section shall be released to a rental car
37agency prior to the end of the impoundment period if the agency
38is either the legal owner or registered owner of the vehicle and the
39agency pays all towing and storage fees related to the seizure and
40impoundment of the vehicle.
P8 1(B) The owner of a rental vehicle that was seized under an
2ordinance adopted pursuant to this section may continue to rent
3the vehicle upon recovery of the vehicle. However, the rental car
4agency shall not rent another vehicle to the driver of the vehicle
5that was seized until the impoundment period has expired.
6(C) The rental car agency may require the person to whom the
7vehicle was rented to pay all towing and storage charges related
8to the seizure and impoundment.
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