STOCKTON POLICE DEPARTMENT STOCKTON MUNICIPAL CODE PROPOSED ADDITIONS Road Closures Racing/Sideshow Spectators Vehicle Forfeitures City Council Meeting July 25, 2006 Agenda Item 10.01

SIDESHOWS & HYPHY Sideshows taken to a new level Sideshows taken to a new level Streets and parking lots are taken over and blocked Streets and parking lots are taken over and blocked Participants develop a “mob mentality” Participants develop a “mob mentality” A variety of crimes (robbery, assaults, vandalism, etc.) usually occur A variety of crimes (robbery, assaults, vandalism, etc.) usually occur Enforcement activity significantly and unnecessarily depletes Police resources Enforcement activity significantly and unnecessarily depletes Police resources

Police Staffing April 14, 2006 through July 18, 2006 April5 Missions632 Staff Hours April5 Missions632 Staff Hours May7 Missions740 Staff Hours May7 Missions740 Staff Hours June7 Missions796 Staff Hours June7 Missions796 Staff Hours July5 Missions321 Staff Hours July5 Missions321 Staff Hours Total staff hours to date:> 2,489

Sideshow Enforcement Statistics April 14, July 18, 2006 Citations1,448 Citations1,448 Arrests124 Arrests124 Field Contacts140 Field Contacts140 Curfew Violations52 Curfew Violations52 Vehicle Impounds 343 Vehicle Impounds 343 Seized Vehicles (Court-Ordered)26 Seized Vehicles (Court-Ordered)26 Outstanding Court Orders21 Outstanding Court Orders21

Cities With Similar Ordinances San Diego San Diego Elk Grove Elk Grove Oakland Oakland

Spectator Ordinance Spectators may be cited if they are knowingly in attendance of a speed contest, sideshow, street blockade, etc. Spectators may be cited if they are knowingly in attendance of a speed contest, sideshow, street blockade, etc.

Street Closure Ordinance Designated streets will be closed to vehicles and pedestrians from 11:00 p.m. until 6:00 a.m. Designated streets will be closed to vehicles and pedestrians from 11:00 p.m. until 6:00 a.m. Persons in violation may be cited Persons in violation may be cited Authorizes impoundment of vehicles up to 30 days Authorizes impoundment of vehicles up to 30 days

Forfeiture Ordinance Declares that vehicles used during certain driving acts are a nuisance and subject to forfeiture

Requirements Nuisance vehicles are subject to forfeiture to the City if they are driven in the commission of a sideshow or other reckless driving event Nuisance vehicles are subject to forfeiture to the City if they are driven in the commission of a sideshow or other reckless driving event The driver or a passenger is the Registered Owner (RO) or has a nexus to the RO The driver or a passenger is the Registered Owner (RO) or has a nexus to the RO

Requirements (Continued) The driver or passenger has a prior conviction for: The driver or passenger has a prior conviction for: Evading a Police Officer Evading a Police Officer Reckless Driving Reckless Driving Exhibition of Speed Exhibition of Speed Speed Contest Speed Contest Driving Faster Than 100 MPH Driving Faster Than 100 MPH

Post-Storage Hearing Registered Owner (RO) or Legal Owner (LO) may request a hearing to be conducted by the Police Department Registered Owner (RO) or Legal Owner (LO) may request a hearing to be conducted by the Police Department

Claim Opposing Forfeiture The City Attorney shall file a petition for forfeiture with the Superior Court within 10 days The City Attorney shall file a petition for forfeiture with the Superior Court within 10 days The burden of proof shall be on the City Attorney by a preponderance of the evidence–-not reasonable doubt The burden of proof shall be on the City Attorney by a preponderance of the evidence–-not reasonable doubt

Sale of Forfeited Vehicle Upon completion of forfeiture proceedings, vehicle will be sold at auction within 60 days Upon completion of forfeiture proceedings, vehicle will be sold at auction within 60 days

Distribution of Proceeds To be distributed in the following priority: To satisfy towing, administrative, auction, and court judicial costs To satisfy towing, administrative, auction, and court judicial costs To the LO to satisfy outstanding debt To the LO to satisfy outstanding debt To any other lien holder or persons with a community-property interest in the vehicle To any other lien holder or persons with a community-property interest in the vehicle To the Stockton Police Department and any allied agency that participated in the forfeiture To the Stockton Police Department and any allied agency that participated in the forfeiture

Community Property And Innocent Owners Code contains provisions that protect auto-theft victims and innocent owners, and address hardship circumstances Code contains provisions that protect auto-theft victims and innocent owners, and address hardship circumstances The Police Department is responsible for any erroneous impoundment or forfeiture action The Police Department is responsible for any erroneous impoundment or forfeiture action

STOCKTON POLICE DEPARTMENT STOCKTON MUNICIPAL CODE PROPOSED ADDITIONS Road Closures Racing/Sideshow Spectators Vehicle Forfeitures City Council Meeting July 25, 2006