Council considers seizing street racers' cars

2006-10-27 / Front Page

By Kyle Jorrey kjorrey@theacorn.com

Drivers who choose to take part in a competition of speed on the streets of Simi Valley may soon risk losing much more than just the race. They could lose their most prized possessions: their cars.

At Monday's City Council meeting, officials proposed a new city ordinance that would allow authorities to seize and sell the cars of drivers who participate in street racing or otherwise illegally exhibit their vehicle's speed with spectators present.

Though city attorney David H. Hirsch stated at the meeting that street racing was not a "widespread problem" in Simi Valley, Mayor Paul Miller said the council wants to send the message that drivers who get fast and furious on city streets will pay a steep price.

"This is a preventive measure," Miller said. "We want people to understand that the city will not tolerate this type of activity, and if you do take part in it we will take your car and sell it."

The issue of street racing was brought to the council's attention Sept. 11, when residents living near Sequoia Avenue south of Royal Avenue complained to the board about out-of-control teens racing down the street with reckless abandon.

"We heard stories of cars going through walls and into people's backyards," said Councilmember Glen Becerra. "It might not be a city-wide problem but in some neighborhoods it's a real concern.

"The idea for us is to give our police one more tool to discourage this type of behavior," he added.

According to Hirsch, other cities that have adopted similar laws include Riverside, San Diego, Stockton, Fontana and Los Angeles.

The city's proposed ordinance, Hirsch said, is based upon an ordinance that was adopted in the city of Ontario in September and includes procedures for post-seizure probable cause hearings to address any due process concerns.

According to the ordinance, a forfeiture trial would take place in Superior Court so that a judge could make the final decision on whether or not a car can be seized and where the money from the car's sale should go.

The measure includes an opportunity for people to argue against the seizure of the driver's car or truck if it is owned by someone else or if it is a family's sole means of transportation.

According to Lt. Roy Jones, commander of Simi Valley's traffic unit, an average of eight to 10 drivers are arrested per year in Simi for violating California vehicle code 23109(a), pertaining to motor vehicle speed contests.

"It's not a huge problem, but the best thing about this ordinance is that it sends a very simple message to those who may even be considering street racing in our city: If you do, you could lose your vehicle," Jones said.

Funds obtained through the sale of forfeited vehicles would go to either the bona fide purchaser, i.e. motor vehicle dealer, bank, credit union, or to the city to help pay for the cost of implementing the program.

Miller, a former police chief, clearly has no sympathy for such drivers.

"We want to make certain that people don't think it's okay to act like idiots when they're driving," Miller said.

The council will bring up the matter again at its Nov. 6 meeting.

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