STOCKTON POLICE DEPARTMENT STOCKTON MUNICIPAL CODE PROPOSED ADDITIONS

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

Police Staffing April 14, 2006 through July 18, 2006 n April 5 Missions 632 Staff Hours n May 7 Missions 740 Staff Hours n June 7 Missions 796 Staff Hours n July 5 Missions 321 Staff Hours Total staff hours to date: >2, 489

Sideshow Enforcement Statistics April 14, 2006 - July 18, 2006 n n n n Citations Arrests Field Contacts Curfew Violations Vehicle Impounds Seized Vehicles (Court-Ordered) Outstanding Court Orders 1, 448 124 140 52 343 26 21

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

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

Street Closure Ordinance n n n 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 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 n n 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

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

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

Claim Opposing Forfeiture n n The City Attorney shall file a petition 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

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

Distribution of Proceeds To be distributed in the following priority: n n To satisfy towing, administrative, auction, and court judicial costs To the LO to satisfy outstanding debt 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

Community Property And Innocent Owners n n Code contains provisions that protect autotheft victims and innocent owners, and address hardship circumstances 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