Los Angeles Wants to Destroy Your Motorcycle

by Steven Verschoor

Published: July 25th, 2005

Here are some highlights from Los Angeles Municipal Code SEC. 41.70.2:

Any vehicle used in a speed contest or a display of speed is declared a nuisance and the vehicle shall be enjoined and abated (seized) as provided in this section.
All rights, title and interest in any such vehicle shall vest in the City upon commission of the act giving rise to the nuisance under this section.
A peace officer may seize a vehicle when there is probable cause to believe the vehicle was used in violation of this section.
With respect to vehicles described in Subsection B. for which forfeiture is sought and as to which forfeiture is contested, the City Attorney shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Subsection B.
In all cases where vehicles seized pursuant to this section are forfeited to the City, the vehicles shall be sold or destroyed.

Let's just consider these points one at a time.

Any vehicle used in a speed contest or a display of speed is declared a nuisance and the vehicle shall be enjoined and abated (seized) as provided in this section.
Okay, pretty simple: if you're busted for racing or for wheelies, you're bike can be seized.
All rights, title and interest in any such vehicle shall vest in the City upon commission of the act giving rise to the nuisance under this section.
Yikes, as soon as you engage in a race or a wheelie, you don't own your bike anymore. Title has shifted and is now vested in the city of Los Angeles!
A peace officer may seize a vehicle when there is probable cause to believe the vehicle was used in violation of this section.
Wait a minute. You don't have to actually race or pop a wheelie to lose your bike. Your bike can be seized just because Officer Friendly "reasonably" suspects you.
With respect to vehicles described in Subsection B. for which forfeiture is sought and as to which forfeiture is contested, the City Attorney shall have the burden of proving by a preponderance of the evidence that the vehicle was used as set forth in Subsection B.
This is a biggie. If you are charged with participating in a speed contest or a display of speed, you are being charged with a criminal offence, and you can go to jail. That means the prosecuter must prove your guilt beyond a reasonable doubt... but the standard of proof for losing your bike is much less: preponderance of the evidence. So even if you are found not guilty of racing or an exhibition of speed, you can still lose your bike!
In all cases where vehicles seized pursuant to this section are forfeited to the City, the vehicles shall be sold or destroyed.
That's it. Your bike is gone. Too bad, so sad.

Maybe you MOrons think I'm crazy. Maybe you think I'm reading too much into the municipal code... Uh-huh, just have a look at what the LAPD says about this law.

In order to send a strong message to both the hard core street racer and our youth, the Los Angeles City Council enacted Los Angeles Municipal Code 41.70.2 (Nuisance Vehicles), to provide for the seizure and forfeiture of vehicles used in a motor vehicle speed contests and exhibition of speed. In short, the vehicles can be crushed if found to be a nuisance vehicle.

So that's it, MOrons. Los Angeles has stacked the deck against you. If you're going to play hooligan, stay out of L.A. And if you get busted, call for Lawyers, guns and money. But don't say I didn't warn you.

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