HomeMy WebLinkAboutCC ORD 1997-2131 Adds Ch. 10.38, vehicles used in the commission of an act of prostitution declared a public nuisance (Expired)ORDINANCE NO. 9 7-2 13 1
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
ADDING CHAPTER 10.38 TO THE
NATIONAL CITY MUNICIPAL CODE,
ESTABLISHING A PILOT PROGRAM FOR VEHICLES
USED IN THE COMMISSION OF AN ACT OF PROSTITUTION
TO BE DECLARED A PUBLIC NUISANCE
BE IT ORDAINED by the City Council of the City of National City that
Chapter 10.38 is hereby added to the National City Municipal Code, to read as follows:
Chapter 10.38
VEHICLES USED IN THE COMMISSION OF AN ACT OF
PROSTITUTION DECLARED A PUBLIC NUISANCE
Sections:
10.38.010 Vehicles Used in the Commisison of an Act of
Prostitution Declared a Public Nuisance
10.38.010 Vehicles Used in the Commission of an Act of
Prostitution Declared a Public Nuisance.
A. As a means of controlling prostitution, the City Council
hereby establishes a pilot program to allow a vehicle used during the
commission of an act of prostitution to be declared a public nuisance
pursuant to Vehicle Code Section 22659.5.
B. The City Attorney will be responsible for implementing
procedures whereby upon a defendant's conviction, plea of guilty or nolo
contendere to an offense under Penal Code Sections 266h, 266i, or 647(b),
in which the defendant's vehicle was used as a means or instrumentality of
the offense, the court will be requested to issue an order as a condition of
any sentence or probation enjoining that defendant from using any vehicle
owned, operated or controlled, in whole or in part by that defendant to
commit or attempt to commit an act in violation of any of the above or
related provisions of the Penal Code, and declaring that any vehicle so used
is a public nuisance. The court may also be requested to order the
defendant to reimburse the City for the costs of impoundment.
Ordinance No. 97-2131
Page 2 of 2
C. Any vehicle thereafter used by that defendant in
violation of the court order is thereby a public nuisance which shall be
summarily abated by impoundment by the police department under the
authority of Vehicle Code Section 22659.5. The vehicle shall be held for
a maximum of 48 hours before the police department authorizes its release,
unless otherwise provided by court order. The vehicle shall be released at
the expiration of the 48 hour period unless held beyond that period under
the authority of Vehicle Code Section 22651(p) until proof of compliance
is shown.
D. Notwithstanding subsection (C) above, a police officer
arresting a person for violation of Penal Code Sections 266h, 266i, 647(b)
or 653.22 may impound any vehicle controlled or operated by that arrestee
when the provisions of Vehicle Code Section 22651(h) are applicable.
E. The provisions of this Section shall not apply to any
vehicle that has been stolen.
F. This Section shall remain in effect until January 1,
1999, and, unless sooner repealed, shall be automatically repealed as of that
date unless extended pursuant to law.
PASSED and ADOPTED this 1st day of
ATTEST:
ael R. Dall City
Clerk
APPROVED AS TO FORM:
effr.
George H. Eiser, III
City Attorney
_'
April
, 1997.
George H.
aters, Mayor
Passed and adopted by the Council of the City of National City, California, on April 1, 1997, by
the following vote, to -wit:
Ayes: Council Members Beauchamp, Inzunza, Morrison, Zarate, Waters.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
GEORGE H. WATERS
Mayor of the City of National City, California
C'ty Clerk oft e C' of National City, California
By:
Deputy
I HEREBY CERTIFY that the foregoing ordinance was not finally adopted until seven calendar
days had elapsed between the days of its introduction and the days of its final passage, to wit, on
March 25, 1997 and on April 1, 1997.
I FURTHER CERTIFY THAT said ordinance was read in full prior to its final passage or that
the reading of said ordinance in full was dispensed with by a vote of not less than a majority of
the members elected to the Council and that there was available for the consideration of each
member of the Council and the public prior to the day of its passage a written or printed copy of
said ordinance.
I FURTHER CERTIFY that the above and foregoing is a full, true and correct copy of
ORDINANCE NO. 97-2131 of the City Council of the City of National City, passed and adopted
by the Council of said City on April 1, 1997.
City Clerk of the City of National City, California
By:
Deputy