Pico Rivera Passes Street Takeover Ordinance Allowing for Permanent Seizure of Cars

This week, the Pico Rivera City Council in Southern California voted to move forward with one of the toughest ordinances in the nation to tackle street takeovers.

According to the proposal, the ordinance would penalize spectators and participates a $2,000 fine, while also allowing the city to confiscate vehicles used in street takeover—including owners potentially forfeiting their vehicles through seizure.

A motor vehicle involved in these street takeovers will be considered a nuisance and will be seized and subject to forfeiture if (a) it is used in a street take over in violation of California Vehicle Code Section 23109 and (b) it is driven by the owner, a member of the owner’s family, if the owner or member of their family are in the passenger seat, or if the driver lives at the same address as the owner, or if the driver or passenger has a prior contact in the vehicle according to law enforcement records.

A law enforcement officer may seize a vehicle with a court order or without a court order if the seizure is incident to an arrest or search under a search warrant and there is probable cause to believe that the vehicle was used in violation of the ordinance.

With ordinance passing in a 5-0 vote, the ordinance will return for a final vote at a future meeting.

According to the city, these violations would be handled by the city and may not even get to the District Attorney’s Office because they consider these low level crimes… instead, an in-house three-person panel would decide if a vehicle will be permanently seized.

The council highlighted how these actions are not accidentally, but rather purposeful, coordinated efforts and becoming more violent. Bystanders are hurt, people attempting to stop the sideshows are now being assaulted and attacked. They called this policy something with “teeth” as they had waited for Sacramento to take action, but they have been slow with policy.

With regards to a solo vehicle doing donuts in a parking lot or intersection, would the ordinance cover that vehicle and could that vehicle be seized, staff said yes through the administrative citation.

According to the Agenda:

The Pico Rivera City Council (City Council) recognizes the importance of public safety and the need to keep roadways and public rights of way safe for all residents, businesses, and stakeholders. The increase in illegal vehicle spectacle events known as “street takeovers”, where individuals perform dangerous vehicle maneuvers on public intersections for large crowds requires immediate attention. Street takeovers are dangerous events that not only pose risks to drivers and spectators but also cause damage to City streets and private property.

At the February 14, 2023 meeting, the City Council directed staff to bring an ordinance before the City Council, exploring options for enforcement, such as citations, vehicle impounding, and law enforcement, for drivers and spectators involved in illegal street takeovers. The City Council recognizes the urgent need to address this issue and is committed to taking proactive measures to prevent and deter street takeovers from occurring in the community.

Illegal street takeovers have detrimental effects on the community, including damaging city streets and private property, posing risks to public safety, and disrupting the quality of life for residents. The City of Pico Rivera (City) aims to protect its residents, businesses, and visitors from the negative impacts of illegal street takeovers by implementing effective measures to prevent and respond to these incidents.

The proposed ordinance and enforcement options will provide the City with additional tools to address the issue of illegal street takeovers, deter such activities, and ensure that the roadways in Pico Rivera remain safe for everyone. By taking action, the City Council aims to send a strong message that illegal street takeovers will not be tolerated in Pico Rivera and that the safety and well-being of its residents and visitors are of paramount importance.

Discussion:

Streets, highways, and street intersections within the City have been the site of continuing and escalating illegal street racing and exhibitions of speed, commonly referred to as “street takeovers.” Participants in these street takeovers accelerate to extremely high speeds without regard to oncoming traffic, pedestrians, or vehicles parked or moving nearby. These street takeovers create an environment where persons engage in automobile performance demonstrations for the entertainment of participants and spectators, described as dangerous driving behavior and reckless driving when fleeing upon the arrival of law enforcement.

The mere presence of spectators at street takeovers serves to exacerbate the occurrence of these illegal vehicle speed contests and exhibitions of speed, creating an environment for these illegal activities that place the safety and welfare of the public and spectators themselves at risk.

Street takeovers are planned and coordinated by participants and spectators through the use of the internet, cell phones, social media, police scanners, and other electronic devices that allow them to move from one location to another to avoid detection and prosecution by local law enforcement.

Illegal motor vehicle speed contests and exhibitions of speed damage the streets, highways, and intersections in the City, making the expenditure of public funds necessary to repair such damages.

Spectator Violations and Penalties

Under the proposed ordinance, any individual who is knowingly present as a spectator at an illegal motor vehicle speed contest or exhibition of speed (street takeovers) or where mere preparations are being made for a street takeover is guilty of a misdemeanor. An individual is present at street takeover if they are within 500 feet of the location of the event or within 500 feet of the location where preparations are being made for the event. The City Attorney or the District Attorney has the authority to prosecute a violation of this ordinance. Local law enforcement will have the authority under this ordinance to cite spectators with an administrative citation that will result in a fine of $2,000. The penalties in this ordinance are not exclusive, they will supplement any other regulatory codes, statutes, and ordinances enacted by the City, the State, or any other legal entity having jurisdiction.

Participants and Seizure/Forfeiture of Nuisance Vehicles

Law enforcement has the authority to investigate, penalize, and arrest participants in these illegal street takeovers as provided under state law. The penalties in this ordinance are not exclusive, they will supplement any other regulatory codes, statutes, and ordinances enacted by the City, the State, or any other legal entity having jurisdiction.

A motor vehicle involved in these street takeovers will be considered a nuisance and will be seized and subject to forfeiture if (a) it is used in a street take over in violation of California Vehicle Code Section 23109 and (b) it is driven by the owner, a member of the owner’s family, if the owner or member of their family are in the passenger seat, or if the driver lives at the same address as the owner, or if the driver or passenger has a prior contact in the vehicle according to law enforcement records.

A law enforcement officer may seize a vehicle with a court order or without a court order if the seizure is incident to an arrest or search under a search warrant and there is probable cause to believe that the vehicle was used in violation of the ordinance.

Upon seizure, the City Manager or their Public Safety designee must investigate any potential claimants to the vehicle and send a notice of seizure to the legal owner within 10 days of seizure. This notice will give the legal owner the opportunity to request a post-seizure hearing with a third-party administrator to determine the validity of the seizure.

The City Manager or its Public Safety designee, may order the forfeiture of vehicles seized if the factual circumstances warrant forfeiture under this ordinance and must serve a notice of intended forfeiture within 30 days of seizure of the vehicle. A person claiming a legal interest in the vehicle must within 10 days from the notice date filed with the Superior Court of the relevant county a claim opposing forfeiture. If no claims are filed or served within 15 days of the notice, the City Attorney may prepare a declaration of forfeiture that will be deemed good and sufficient title to the forfeited vehicle to the City.

The City shall then sell the vehicle at a public auction set by the City Manager unless the vehicle is of such low value that it cannot be sold. In that event, the vehicle will be donated or destroyed. If the subject vehicle is stolen, it may be claimed by the registered owner after impoundment or sold if no legal claimant is found.

Summary

Although California Vehicle Code Section 23109 makes street takeovers illegal, the proposed ordinance will implement more aggressive prohibitions and penalties to deter both the racing and the attendance of spectators. Before the City Council is a comprehensive regulatory ordinance (Enclosure1) which both declares a vehicle used in violation of Vehicle Code Section 23109 as a nuisance and establishes a legal procedure of forfeiture of such vehicle engaged in street takeovers. This ordinance also gives proper notice to citizens as to what activities are lawful and what activities are unlawful. Violation of the proposed provisions will result in misdemeanor charges and/or citations.

Conclusion:

Based on the foregoing, it is recommended that the City Council introduce and waive the first reading on an ordinance to add Chapter 10.84 to the Pico Rivera Municipal Code to prohibit spectators and participants at illegal motor vehicle speed contests or exhibitions of speed and to establish the forfeiture of nuisance vehicles engaged therein and place it on the next regular agenda for adoption.

Editors Notes

• Jan 30, 2023: Assembly Republicans Join Law Enforcement to Call for End to California Crime Spree
• Dec. 27, 2022: CHP Highlights New Laws in 2023
• Sept. 23, 2022: Bill to Crack Down on Street Racing and Illegal Sideshows Signed by Governor
• May 3, 2022: Pittsburg City Council Agrees to Fine Sideshow and Street Racing Spectators