Page 10 August 26, 2021
Seniors from page 5
Huber’s Hiccups from page 3
PUBLIC NOTICES
ORDINANCE NO.: 21-13
AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF
INGLEWOOD ADDING ARTICLE 7 TO
CHAPTER 3 OF THE
INGLEWOOD MUNICIPAL CODE
ESTABLISHING THE FORFEITURE
OF NUISANCE VEHICLES ENGAGED IN
MOTOR VEHICLE SPEED
CONTESTS OR EXHIBITIONS OF
SPEED.
WHEREAS, pursuant to California Vehicle Code
Section 23109, motor vehicle speed contests
and exhibitions of speed (more commonly
referred to as street racing, drag racing and/
or intersection takeovers) conducted on public
streets and highways are illegal. Streets, highways
and street intersections within the City of
Inglewood have been the site of continuing and
escalating illegal street racing and exhibitions
of speed over the past several years. Street
racers accelerate to extremely high speeds
without regard to oncoming traffic, pedestrians, or
vehicles parked and moving nearby. The racers
move quickly from street to street; intersection
to intersection, racing for several heats and then
often move onto another street or intersection
upon the arrival of police. Such street racing
and exhibitions of speed threaten the health
and safety of the public, interfere with pedestrian
and vehicular traffic, create a public nuisance,
and interfere with the right of private business
owners to enjoy the use of their property within
the City of Inglewood. Calls for police service
have increased dramatically; and
WHEREAS, these illegal motor vehicle speed
contests and exhibitions of speed create
an environment where persons engage in
automobile performance demonstrations and
other activities known as “side show” activity,
which is described as dangerous driving
behavior for the entertainment of participants
and spectators, including, “spinning donuts”,
where vehicles are spun in circles; “peeling
out”, and reckless driving when fleeing law
enforcement; and
WHEREAS, these illegal motor vehicle speed
contests and exhibitions of speed are planned
and coordinated by participants and spectators
through the use of the Internet, cell phones,
police scanners and other electronic devices
that allows them to move in their vehicles
spontaneously from one location to another
to avoid detection and prosecution by local
law enforcement agencies; and
WHEREAS, these illegal motor vehicle speed
contests and exhibitions of speed cause considerable
damage to the street intersections
within the City; consequently, the expenditure
of public funds is necessary to repair these
damaged intersections; and
WHEREAS, the City Council of the City of
Inglewood finds it is necessary and appropriate
to take steps to protect public health and safety.
This Article is adopted to declare that vehicles
used in violation of California Vehicle Code
Sections 23109(a) and (c) are a nuisance and
will be forfeited to the City. The civil forfeiture
of these nuisance vehicles will prevent the
needless loss of life and property damage
associated with illegal motor vehicle speed
contests and exhibitions of speed.
NOW, THEREFORE, THE CITY COUNCIL
OF THE CITY OF INGLEWOOD does
ordain as follows:
SECTION 1. A new Article 7 entitled “Forfeiture
of Nuisance Vehicles Engaged in Motor Vehicle
Speed Contests or Exhibitions of Speed” is
hereby added to Chapter 3 of the Inglewood
Municipal Code to read as follows:
Section 3-131. Findings and Purpose.
Certain streets and intersections within the City
have been subject to continuing nighttime illegal
motor vehicle speed contests and exhibitions of
speed over the past several years. Such illegal
motor vehicle speed contests and exhibitions
of speed constitute a nuisance, create potential
hazards to the health and safety of the public,
and interfere with pedestrian and vehicular
traffic within the City.
These illegal motor vehicle speed contests
and exhibitions of speed create an environment
where persons engage in automobile
performance demonstrations and other activities
known as “side show” activity, which is described
as dangerous driving behavior for the entertainment
of participants and spectators, including,
“spinning donuts”, where vehicles are spun in
circles; “peeling out”, and reckless driving when
fleeing law enforcement.
These illegal motor vehicle speed contests
and exhibitions of speed cause considerable
damage to the street intersections within the
City; consequently, the expenditure of public
funds is necessary to repair these damaged
intersections.
This Article is adopted as means to reduce
illegal street racing and exhibitions of speed
in the City by declaring the vehicles that are
used in street racing activities and exhibitions
of speed as nuisances and authorizing their
seizure and forfeiture.
Section 3-132. Definitions.
“City” means the City of Inglewood.
“Days” means workdays not including weekends
and holidays.
“Police Chief” means the Inglewood Chief of
Police or his/her designee.
“Driver” means any person who drives a
motor vehicle.
“Exhibition of Speed” means any unlawful
motor vehicle exhibition of speed as defined
by California Vehicle Code Section 23109(c),
whether or not the exhibition of speed is attended
by persons other than the drivers performing
such unlawful activity on City streets.
“Immediate family” means spouse, mother,
father, sister or brother.
“Legal owner” means a person holding a security
interest in a vehicle referred to in California
Vehicle Code Section 370.
“Motor vehicle” means a vehicle as defined in
California Vehicle Code Section 670.
“Motor vehicle speed contest” means any
unlawful motor vehicle speed contest, as
defined by California Vehicle Code Section
23109(a), whether or not the race is attended
by persons other than the drivers racing the
vehicles on City streets.
“Registered owner” means a person registered
by the Department of Motor Vehicles as the
owner of a vehicle referred to in California
Vehicle Code Section 505.
Section 3-133. Nonexclusive remedy.
This Article is not the exclusive regulation or
penalty for participation in a motor vehicle speed
contest or exhibition of speed. It supplements
and is in addition to any other regulatory codes,
statutes, and ordinances heretofore or hereafter
enacted by the City, the State or any other legal
entity or agency having jurisdiction.
Section 3-134. Seizure and forfeiture of
nuisance vehicles.
A motor vehicle shall be declared a nuisance
and shall be seized and subject to forfeiture
under this Article if:
It is used in violation of California Vehicle Code
Section 23109(a) or (c); and
It is driven by the registered owner of the vehicle
at the time of the violation or the registered
owner is a passenger in the vehicle at the
time of the violation; or
It is driven by a member of the registered
owner’s immediate family at the time of the
violation, or a member of the registered owner’s
immediate family is a passenger in the vehicle
at the time of the violation; or
The driver or a passenger lives at the same
address as the registered owner at the time
of the violation; or
The driver or a passenger in the vehicle at
the time of the violation has a prior contact
in the vehicle, as determined by law enforcement
records.
Declaration of this nuisance is made in accordance
with the authority granted to the
City in California Government Code Section
38771, and as amended from time to time.
Section 3-135. Seizure of vehicles subject
to forfeiture.
A peace officer may seize a vehicle subject to
forfeiture under this Article upon the issuance
of an order by a court having jurisdiction of the
vehicle. Seizure without court order may be
made in any of the following circumstances:
The seizure is incident to an arrest or search
under a search warrant;
There is probable cause to believe the vehicle
was used in violation of Section 3-134.
A peace officer seizing a vehicle under this
section shall complete a receipt in accordance
with Penal Code Section 1412 and deliver it
to the person from whose possession the
vehicle was seized.
An immediate investigation shall be made
by the Police Chief or designee regarding
the seizure as to any potential claimant to a
vehicle whose right, title, interest, or lien is of
record in the Department of Motor Vehicles of
this or any other State or appropriate Federal
agency. If the Police Chief or designee finds
that any person, other than the registered
owner, is the legal owner, and the ownership
did not arise subsequent to the date and time
of arrest or seizure of the vehicle or notification
of the forfeiture proceedings, the Police Chief or
designee shall, within two days of the vehicle’s
seizure, send a notice of seizure to the legal
owner at his or her address appearing on the
records of the Department of Motor Vehicles
of this or any other State or any appropriate
Federal agency.
The Police Chief or designee making the seizure
of the vehicle shall provide any potential claimants
discovered as a result of the investigation
set out in subsection C with the opportunity for
a post-seizure hearing to determine the validity
of the seizure. The post-seizure hearing shall
be conducted within two days of the request.
The Police Chief or designee shall cause
an independent hearing officer to hold the
post-hearing proceedings. Failure of either a
registered or legal owner to request a hearing
as provided in herein or to attend a scheduled
hearing shall satisfy the post-seizure hearing
requirement.
Section 3-136. Notice of Seizure.
The notice of seizure shall include the following:
A description of the vehicle.
The date and place of seizure.
The violation of law alleged with respect to
forfeiture of the vehicle.
The instructions for filing and serving a claim
with the City Attorney pursuant to Section 3-138
and time limits for filing a claim.
A vehicle seized pursuant to this Article, where
appropriate, may be held as evidence in any
proceeding brought by the City Attorney or
District Attorney.
Section 3-137. Forfeiture and notice of intended
forfeiture of vehicle.
The City Attorney may, pursuant to this section,
order the forfeiture of vehicles seized
under this Article.
If the City Attorney determines that the factual
circumstances warrant forfeiture of the vehicle
described in Section 3-134, the City Attorney
shall serve a notice of intended forfeiture upon
any person who has an interest in the seized
vehicle. The notice shall be served as soon as
practicable, but in any event within 30 days of
the seizure of the vehicle subject to forfeiture.
The notice of intended forfeiture shall be
served as follows:
The notice of intended forfeiture shall be served
by personal delivery or certified mail, return
receipt requested, upon any person who has
an interest in the seized vehicle as determined
pursuant to Section 3-135.
In the event that the person entitled to service
refuses to accept certified return receipt mail
or cannot be personally served, service may
be made by substituted service. Substituted
service may be accomplished by any one of
the following methods:
By leaving a copy during usual business hours
at the recipient’s business with the person who
is apparently in charge, and by thereafter mailing
by first class mail a copy to the recipient where
the copy was left.
By leaving a copy at the recipient’s dwelling
or usual place of abode, in the presence of
a competent member of the household and
thereafter mailing by first class mail a copy
to the recipient at the address where the
copy was left.
If the person entitled to service lives out of State
and will not accept certified return receipt mail,
then service may be made by first class mail.
If the person entitled to notice cannot be
located, or service cannot be made as set
forth in this subsection, service may be made
by publication in a Los Angeles newspaper of
general circulation. Service shall be deemed
sufficient when it is accomplished pursuant to
Government Code Section 6063.
Section 3-138. Claims opposing forfeiture.
A person claiming an interest in the vehicle
seized pursuant to Section 3-134, must within
10 days from the date of the notice of intended
forfeiture or within 30 calendar days from the
date of first publication of the notice of intended
forfeiture, file with the Superior Court of the
county in which the vehicle was seized, a claim
opposing forfeiture, verified in accordance with
Section 446 of the Code of Civil Procedure,
stating his or her interest in the vehicle. An
endorsed copy of the claim shall be served
upon the City Attorney within 10 days of the
filing of the claim.
Section 3-139. Administrative forfeiture.
If no claims are filed and served within 15 days
of the mailing of the notice pursuant to Section
3-137 or within five days of personal service
of the notice, the City Attorney shall prepare a
written declaration of forfeiture of the vehicle to
the City. A written declaration of forfeiture signed
by the City Attorney under this section shall be
deemed to provide good and sufficient title to
the forfeited vehicle. A copy of the declaration
shall be provided on request to any person
informed of the pending forfeiture //
pursuant to Section 3-135. A claim that is filed
and later withdrawn by the claimant shall be
deemed to not have been filed.
Section 3-140. Judicial forfeiture proceedings.
The filing of a claim within the time limit specified
in Section 3-138 is considered a jurisdictional
prerequisite for initiating a forfeiture proceeding.
A proceeding in the civil case is a limited civil
case. The burden of proof in the civil case
shall be on the City by a preponderance of
the evidence. All questions that may arise
shall be decided and all other proceedings
shall be conducted as in an ordinary civil action.
Upon proof that the vehicle was used for any
of the purposes set forth in Section 3-134,
the court shall declare the vehicle a nuisance
and order that the vehicle be forfeited and the
proceeds upon sale distributed as set forth in
Section 3-148. The court may make a different
distribution of the proceeds, if the court finds
that the claimant did not know that the vehicle
was used for a purpose that constitutes a
violation of this Article.
A judgment of forfeiture does not require as
a condition precedent the conviction of a
defendant for the current violation which gave
rise to the nuisance and caused these forfeiture
proceedings to be initiated.
Section 3-141. Community property interest
releases.
If at the time of the violation there is a community
property interest in the vehicle to be forfeited,
and at the time of the violation the vehicle is the
only vehicle available to the registered owner’s
immediate family that may be operated with
a class C driver’s license, the vehicle shall be
released to a registered owner or to the community
property interest owner upon compliance
with all of the following requirements:
The registered owner or the community property
interest owner requests release of the vehicle
and the owner of the community property interest
submits proof of that interest; and
The registered owner or the community property
interest owner submits proof that the vehicle is
properly registered pursuant to the California
Vehicle Code; and
All towing and storage charges and any
administrative charges authorized pursuant to
California Vehicle Code Section 22850.5 and
the Inglewood Municipal Code are paid; and
The registered owner and the community
property interest owner sign a stipulated vehicle
release agreement, as described in Section
3-142, in consideration for the nonforfeiture
of the vehicle.
Section 3-142. Stipulated vehicle release
agreements.
A stipulated vehicle release agreement shall
provide for the consent of the signers to the
automatic future forfeiture and transfer of title
to the City of any vehicle registered to that
person, if the vehicle is used in violation of
California Vehicle Code Section 23109(a) or
(c). The agreement shall be in effect for five
years from the date of signing and shall be
maintained by the Police Chief or designee.
No vehicle shall be released pursuant to
Section 3-141 if the Police Chief or designee
has on file a prior stipulated vehicle release
agreement signed by that person within the
previous five years.
Section 3-143. Vehicle title vesting in the City.
All right, title, and interest in the vehicle shall
vest in the City upon commission of the act
giving rise to the nuisance under this Article.
Section 3-144. Sale of forfeited vehicle after
declaration of forfeiture.
Any vehicle forfeited pursuant to this Article
shall be sold once a declaration of forfeiture
is issued by the City Attorney or an order of
forfeiture is issued by a court, as the case may
be, pursuant to Sections 3-139 and 3-140.
Section 3-145. Sale of forfeited vehicle by
legal owner.
Any legal owner who is a motor vehicle dealer,
bank, credit union, acceptance corporation, or
other licensed financial institution legally operating
in this State, or the agent of that legal owner,
may take possession and conduct the sale of
the forfeited vehicle if the legal owner or agent
notifies the Police Chief or designee of its intent
to conduct the sale within 15 days of either
the mailing of the notice or personal service
of the notice pursuant to Section 3-137. Sale
of the vehicle after forfeiture pursuant to this
Article may be conducted at the time, in the
manner, and on the notice usually given for the
sale of repossessed or surrendered vehicles.
The proceeds of any sale conducted by or on
behalf of the legal owner shall be disposed of
as provided in Section 3-148. A legal owner’s
notice to conduct the sale pursuant to this
subsection may be presented in person, by
certified mail, by facsimile transmission, or by
electronic mail.
The agent of a legal owner acting pursuant to
this section shall be licensed, or exempt from
licensure, pursuant to Chapter 11 (commencing
with Section 7500) of Division 3 of the Business
and Professions Code.
Section 3-146. Sale of forfeited vehicle.
If the legal owner or agent of the owner does
not notify the Police Chief or designee of its
intent to conduct the sale as provided in Section
3-145, the City shall offer the forfeited vehicle
for sale at public auction within 60 days of
receiving title to the vehicle. Low value vehicles
shall be disposed of pursuant to Section 3-147.
Section 3-147. Disposition of low-value
vehicles.
If the Police Chief or designee determines that
the vehicle to be forfeited and sold pursuant to
this Article is of so little value that it cannot readily
be sold to the public generally, the vehicle shall
be conveyed to a licensed dismantler or donated
to a charitable organization. License plates shall
be removed from any vehicle conveyed to a
dismantler pursuant to this section.
Section 3-148. Distribution of sale proceeds.
The proceeds of a sale of a forfeited vehicle
shall be disposed of in the following priority:
To satisfy the towing, storage and administrative
costs following impoundment, the costs
of providing notice pursuant to Section 3-136,
the costs of sale, and the unfunded costs of
judicial proceedings, if any; then
To the City for all legal expenditures, made or
incurred by the City Attorney’s office in connection
with the enforcement of this Article, including,
but not limited to, costs for investigation, litigation,
and notices resulting from enforcement
of this Article; then
To the City for local law enforcement for all
expenditures other than personnel costs, made
or incurred in connection with enforcement of
this Article, including, but not limited to, costs for
equipment, investigation and supplies related to
enforcement of this Article; provided, however,
that any overtime costs incurred by local law
enforcement resulting from such enforcement of
this Article will be reimbursed to the City; then
To the City for all expenditures incurred by the
Public Works Department for the necessary
repairs to any public streets or intersections
damaged as a result of the illegal street racing
contest(s) or exhibitions of speed; then
Upon satisfactory proof to the Police Chief or
designee, to the legal owner in an amount
to satisfy the indebtedness owed to the legal
owner remaining as of the date of sale, excluding
any accrued interest or finance charges
and delinquency charges, providing that the
principal indebtedness was incurred prior to
the date of impoundment; then,
To the holder of any subordinate lien or encumbrance
on the vehicle, other than a registered
or legal owner, to satisfy any indebtedness
so secured if written notification of demand is
received before distribution of the proceeds is
completed. The holder of a subordinate lien
or encumbrance, if requested, shall furnish
reasonable proof of its interest and, unless it
does so upon request, is not entitled to distribution
pursuant to this section; then
To any other person, other than a registered
or legal owner, who can reasonably establish
an interest in the vehicle, including a community
property interest, to the extent of his
or her provable interest, if written notification
is received before distribution of the proceeds
is completed; then
Of the remaining proceeds, 100% shall be
transferred to the City via the Finance Director.
A vehicle may be destroyed only if the condition
of the vehicle warrants destruction and there are
no lien holders or claimants who did not know
that the vehicle was used for a purpose that
constitutes a violation of this Article.
A forfeited vehicle shall not be sold to any
person identified under Section 3-134 at the
time the vehicle was seized.
Section 3-149. Accounting of sale proceeds.
The person conducting the sale shall disburse
the proceeds of the sale as provided in Section
3-148 and shall provide a written accounting
regarding the disposition to the Police Chief
or designee and, on request, to any person
entitled to a share of the proceeds to any person
validly claiming a share of the proceeds, as
determined by the Police Chief or designee,
within 15 days after the sale is conducted.
Section 3-150. Stolen vehicles.
No vehicle shall be sold pursuant to this Article
if the Police Chief or designee determines the
vehicle to have been stolen. In this event, the
vehicle may be claimed by the registered owner
at any time after impoundment, providing the
vehicle registration is current and registered
owner has no outstanding traffic violations or
parking penalties on his or her driving record
or on the registration record of any vehicle
registered to the person. If the identity of the
legal and registered owners of the vehicle
cannot be reasonably ascertained, the vehicle
may be sold.
Section 3-151. Towing and storage fees.
The City is responsible for the costs incurred
for towing and storage if it is determined that
the driver at the time of impoundment did not
violate California Vehicle Code Section 23109(a)
or (c) and did not give rise to the nuisance.
Charges for towing, storage and administrative
for any vehicle impounded pursuant to
this Article shall be set forth by resolution by
the City Council.
Section 3-152. Recovery of monetary loss.
Nothing in this Article shall preclude an owner
of a vehicle who suffers a monetary loss from
the forfeiture of a vehicle under this Article from
recovering the amount of the actual monetary
loss from the person(s) who committed the
act giving rise to forfeiture under this Article.”
SECTION 2. The City Council finds the approval
of this ordinance is not subject to the California
Environmental Quality Act (“CEQA”) pursuant
to CEQA Guidelines Sections 15060(c)(2) (the
activity will not result in a direct or reasonably
foreseeable indirect physical change in the
environment) and 15060(c)(3) (the activity is
not a project as defined in Section 15378)
of the CEQA Guidelines, California Code of
Regulations, Title 14, Chapter 3, because
it has no potential for resulting in physical
change to the environment, directly or indirectly.
Alternatively, the City Council finds the approval
of this ordinance is not a project under CEQA
Regulation Section 15061(b)(3) because it has
no potential for causing a significant effect on
the environment.
SECTION 3. If any section, subsection, sentence,
clause, phrase or word of this Ordinance
is for any reason held to be invalid by a court of
competent jurisdiction, such decision shall not
affect the validity of the remaining portions this
Ordinance. The City Council hereby declares
that it would have passed and adopted this
Ordinance, and each and all provisions thereof,
irrespective of the fact that one or more provisions
may be declared invalid.
SECTION 4. The City Clerk shall certify that
to the approval, passage and adoption of this
Ordinance by the City Council and shall cause
the same to be published in accordance with
the City Charter, and thirty days from the final
passage and adoption, this Ordinance shall
be in full force and effect.
INTRODUCED at a regular meeting of the
Inglewood City Council on August 17, 2021.
PASSED, APPROVED AND ADOPTED at a
regular meeting of the Inglewood City Council
on August 24, 2021.
CITY OF INGLEWOOD:
James T. Butts, Jr., Mayor
ATTEST:
Aisha L. Thompson, City Clerk
Inglewood Daily News Pub. 8/26/21
HI-27273
If you are having persistent or worsening
symptoms, talk to your eye doctor.
3. Protect your eyes outdoorsTaking
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help minimize dry eye symptoms. Small
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In addition, try to stay indoors when the
air quality is especially poor. According to
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people living in areas with a higher level of
air pollution may be more likely to suffer
from dry eye symptoms.
4. Care for your eyes indoors
Regular practices such as these can help
safeguard your eyes while you’re inside:
• Use a humidifier to keep the air from
drying out
• Avoid smoking or being near smoke, as it
can dry out eyes
• Apply a clean, warm compress on your eyes
to help unclog the eyelid’s glands
• Gently clean your eyelids every day to
remove makeup and other potential irritants
• Stay hydrated to help reduce dry eye
symptoms, as your body needs moisture
to create tears
Visit Systane.com today to learn more
about how to prevent and relieve your dry
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country and state are small compared to the
big picture questions of the real meaning of
life and life eternal. My dear friends, God
offers you a life of faith, you don’t have to
do anything but see it and God will make it
yours. He chooses us, we don’t choose him!
Relax my friends, have a cold one. I need a
cold one after spilling all of my blood and
guts. Love me or hate me, throw me in the
trash, delete me, nail me to a cross, burn
me at the stake, stone me, water board me,
tell me I’m a stupid idiot. I take a stand. In
the words of Martin Luther, “Here I stand,
I can do no other, so help me God. Amen.”
Travels
I’m flying to Indianapolis tomorrow to
check on our production of nativities at our
warehouse in the Midwest. I will get to
see my Nebraska Cornhuskers take on the
Fighting Illini of the University of Illinois
in the opening college football game this
Saturday. I’m looking forward to watching
a good game. Go Big Red! I’m sure I will
have much to report back to you next week.
Have a safe week!
– If you wish to poke at me or push
me over and make me fall, my
email is: norbhuber@gmail.com •