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CVC 22658(a) The owner or
person in lawful possession of private property, including an
association of a common interest development as defined in Section 1351
of the Civil Code, may cause the removal of a vehicle parked on the
property to a storage facility that meets the requirements of
subdivision (n) under any of the following circumstances: (1) There is
displayed, in plain view at all entrances to the property, a sign not
less than 17 inches by 22 inches in size, with lettering not less than
one inch in height, prohibiting public parking and indicating that
vehicles will be removed at the owner's expense, and containing the
telephone number of the local traffic law enforcement agency and the
name and telephone number of each towing company that is a party to a
written general towing authorization agreement with the owner or person
in lawful possession of the property. The sign may also indicate that a
citation may also be issued for the violation. (2) The vehicle has
been issued a notice of parking violation, and 96 hours have elapsed
since the issuance of that notice. (3) The vehicle is on private
property and lacks an engine, transmission, wheels, tires, doors,
windshield, or any other major part or equipment necessary to operate
safely on the highways, the owner or person in lawful possession of the
private property has notified the local traffic law enforcement agency,
and 24 hours have elapsed since that notification. (4) The lot or
parcel upon which the vehicle is parked is improved with a single-family
dwelling.
(b) The tow truck operator
removing the vehicle, if the operator knows or is able to ascertain from
the property owner, person in lawful possession of the property, or the
registration records of the Department of Motor Vehicles the name and
address of the registered and legal owner of the vehicle, shall
immediately give, or cause to be given, notice in writing to the
registered and legal owner of the fact of the removal, the grounds for
the removal, and indicate the place to which the vehicle has been
removed. If the vehicle is stored in a storage facility, a copy of the
notice shall be given to the proprietor of the storage facility. The
notice provided for in this section shall include the amount of mileage
on the vehicle at the time of removal and the time of the removal from
the property. If the tow truck operator does not know and is not able to
ascertain the name of the owner or for any other reason is unable to
give the notice to the owner as provided in this section, the tow truck
operator shall comply with the requirements of subdivision (c) of
Section 22853 relating to notice in the same manner as applicable to an
officer removing a vehicle from private property.
(f) An owner
or person in lawful possession of private property, or an association of
a common interest development, causing the removal of a vehicle parked
on that property shall notify by telephone or, if impractical, by the
most expeditious means available, the local traffic law enforcement
agency within one hour after authorizing the tow. An owner or person in
lawful possession of private property, an association of a common
interest development, causing the removal of a vehicle parked on that
property, or the tow truck operator who removes the vehicle, shall state
the grounds for the removal of the vehicle if requested by the legal or
registered owner of that vehicle. A towing company that removes a
vehicle from private property in compliance with subdivision (l) is not
responsible in a situation relating to the validity of the removal. A
towing company that removes the vehicle under this section shall be
responsible for the following: (1) Damage to the vehicle in the
transit and subsequent storage of the vehicle. (2) The removal of a
vehicle other than the vehicle specified by the owner or other person in
lawful possession of the private property.
(n) A vehicle removed from
private property pursuant to this section shall be stored in a facility
that meets all of the following requirements: (1)(A) Is located within
a 10-mile radius of the property from where the vehicle was removed.
(B) The 10-mile radius requirement of subparagraph (A) does not apply
if a towing company has prior general written approval from the law
enforcement agency that exercises primary jurisdiction in the city in
which is located the private property from which the vehicle was
removed, or if the private property is not located within a city, then
the law enforcement agency that exercises primary jurisdiction in the
county in which is located the private property. (2)(A) Remains open
during normal business hours and releases vehicles after normal business
hours. (B) A gate fee may be charged for releasing a vehicle after
normal business hours, weekends, and state holidays. However, the
maximum hourly charge for releasing a vehicle after normal business
hours shall be one-half of the hourly tow rate charged for initially
towing the vehicle, or less. (C) Notwithstanding any other provision of
law and for purposes of this paragraph, "normal business hours" are
Monday to Friday, inclusive, from 8 a.m. to 5 p.m., inclusive, except
state holidays. (3) Has a public pay telephone in the office area that
is open and accessible to the public.
Notice to Department of Justice
CVC 22853(c) Whenever an officer or
employee or private party removing a vehicle from private property for
storage under this chapter does not know and is not able to ascertain
the name of the owner or for any other reason is unable to give the
notice to the owner as required by Section 22852 and if the vehicle is
not returned to the owner within a period of 120 hours, the officer or
employee or private party shall immediately send, or cause to be sent, a
written report of the removal by mail to the Department of Justice at
Sacramento and shall file a copy of the notice with the proprietor of
any public garage in which the vehicle may be stored. The report shall
be made on a form furnished by that department and shall include a
complete description of the vehicle, the date, time, and place from
which the vehicle was removed, the amount of mileage on the vehicle at
the time of removal, the grounds for removal, and the name of the garage
or place where the vehicle is stored.
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