DATE: June 4, 2024
TO: Board of Supervisors
SUBMITTED BY: Nathan Magsig, Supervisor, District Five
John Zanoni, Sheriff-Coroner-Public Administrator
Lisa A. Smittcamp, District Attorney
SUBJECT: Adoption of Amendment to Ordinance Code of Fresno County, Adding Chapter 11.46, “Seizure and Impound of Nuisance Vehicles” to Title 11, “Vehicles and Traffic”
RECOMMENDED ACTION(S):
TITLE
Conduct second hearing and adopt an Ordinance amending the Fresno County Ordinance Code, Title 11, to add Chapter 11.46, “Seizure and Impound of Nuisance Vehicles”; and waive reading of Ordinance in its entirety.
REPORT
The recommended actions add Chapter 11.46, “Seizure and Impound of Nuisance Vehicles” to Title 11, “Vehicles and Traffic” to the Ordinance Code of Fresno County to seize and impound vehicles used for certain public offenses limited to pimping, pandering, solicitation, and large quantities of illegal dumping. These public offenses pose a threat to the quality of life in the local community. Accordingly, it is the purpose and intent of this chapter to protect the public health, safety, and welfare of the community by temporarily removing vehicles used in the commission of these public offenses and reduce incidents of these violations. California Vehicle Code section 22659.5 provides the authority for the legislative body of a county for unincorporated areas to enact an ordinance to declare vehicles used for pimping, pandering, solicitation and illegal dumping to be a public nuisance subject to abatement by seizure and temporary impoundment. This item is countywide.
ALTERNATIVE ACTION(S):
Your Board could determine not to approve the recommended actions; however, the Sheriff’s Office will not be authorized to seize and impound vehicles used for the listed public offenses committed within the unincorporated areas.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions. Patrol and enforcement efforts may incur such impacts or costs in the future, associated with enforcement of the recommended amendment to the ordinance, which may be partially offset by payments of fines. Staff will monitor impacted county departmental budgets accordingly.
DISCUSSION:
On May 21, 2024, your Board conducted the first hearing to amend Ordinance Code, Title 11, to add Chapter 11.46, Seizure and Impound of Nuisance Vehicles.
Incidents of illegal dumping have increased significantly throughout the unincorporated areas of the County. Both public and private property have been subject to illegal dumping. Public health, safety, and welfare are threatened by illegal dumping. The County has expended substantial human and financial resources to combat illegal dumping. The Sheriff’s Office has experienced an increase of demand on patrol deputies in responding to incidents of illegal dumping.
Commonly, perpetrators of illegal dumping utilize vehicles in the course of this unlawful act. The recommended ordinance aims to temporarily remove vehicles used for illegal dumping and the other listed illegal acts and limit the instruments available to individuals who engage in these unlawful violations.
Vehicle Code section 22659.5 authorizes local legislative bodies to adopt an ordinance to declare a vehicle to be a public nuisance subject to seizure and impoundment when the vehicle is used in the commission of pimping in violation of Penal Code section 266h; pandering in violation of Penal Code section 266i, solicitation in violation of Penal Code section 647(b), and illegal dumping of commercial quantities of waste in violation of Penal Code section 374.3(h). Seizure of a vehicle used in the commission of these public offenses is allowed if the owner or operator of the vehicle has a prior criminal conviction for the same offense within the past three years. To secure release of the impounded vehicle, the operator, registered owner and/or legal owner must pay the cost of towing and storage.
Vehicle Code section 22659.5 imposes certain requirements and limitations on a local ordinance to impound nuisance vehicles. A local ordinance must provide for a hearing upon request by a driver, registered owner, or legal owner within 48 hours to challenge the seizure of the vehicle. The ordinance must also provide certain circumstances that would allow for the early release of the impounded vehicle, among other state law requirements. The proposed ordinance incorporates these statutory requirements and limitations.
The recommended ordinance incorporates the required provisions imposed by Vehicle Code section 22659.5, and includes the following:
• Declares vehicles used in the commission of pimping in violation of Penal Code section 266h; pandering in violation of Penal Code section 266i, solicitation in violation of Penal Code section 647(b), and illegal dumping of commercial quantities of waste in violation of Penal Code section 374.3(h) to be a public nuisance.
• Authorizes the Sheriff’s Office to seize and impound a vehicle upon the valid arrest of the owner or operator for one of the listed public offenses if the owner or operator of the vehicle has a prior conviction of the same public offense within the last 3 years.
• Imposes the cost of storage and towing of the impounded vehicle on the operator, registered owner and/or legal owner.
• Establishes an impoundment period of up to 30 days for an offending vehicle.
• Establishes an administrative hearing process for a driver, registered owner and/or legal owner to challenge the validity of the seizure or present mitigating circumstances for the early release of the impounded vehicle with the requested hearing held within 48 hours.
• Requires written notice to the registered owner and legal owner of the vehicle within 2 working days of the seizure of the vehicle.
• Establishes circumstances to allow the early release of a vehicle to a registered owner.
• Establishes circumstances to allow the early release of the vehicle to the legal owner, who is a motor vehicle dealer, bank, credit union, acceptance corporation, or other licensed financial institution; and the legal owner pays all of the towing and storage costs.
• Requires operators of storage facilities to accept payment for towing and storage costs by valid bank cards, credit cards or cash.
With your Board’s approval, the recommended ordinance will take effect 30 days thereafter.
REFERENCE MATERIAL:
BAI #7, May 21, 2024
ATTACHMENTS INCLUDED AND/OR ON FILE:
Ordinance
CAO ANALYST:
Fine Nai