10650. (a) Every operator of a towing service and every keeper of a
garage or trailer park shall keep a written record of every vehicle
of a type subject to registration under this code stored for a period
longer than 12 hours.
(b) The record shall contain the name and address of the person
storing the vehicle or requesting the towing, the names of the owner
and driver of the vehicle, if ascertainable, and a brief description
of the vehicle including the name or make, the motor or other number
of the vehicle, the nature of any damage to the vehicle, and the
license number and registration number shown by the license plates or
registration card, if either of the latter is attached to the
vehicle in a clearly discernible place.
(c) All records shall be kept for one year from the commencement
of storage and shall be open to inspection by any peace officer.
(d) Upon termination of the storage, a statement shall be added to
the record as to the disposition of the vehicle, including the name
and address of the person to whom the vehicle was released and the
date of such release.
10652. Whenever any vehicle of a type subject to registration under
this code has been stored in a garage, repair shop, parking lot, or
trailer park for 30 days, the keeper shall report such fact to the
Department of Justice in Sacramento by receipted mail, which shall at
once notify the legal owner as of record. This section shall not
apply to any vehicle stored by a peace officer or employee designated
in Section 22651 pursuant to Article 3 (commencing with Section
22850) of Chapter 10 of Division 11.
10652.5. (a) Whenever the name and address of the legal owner of a
motor vehicle is known, or may be ascertained from the registration
records in the vehicle or from the records of the Department of Motor
Vehicles, no fee or service charge may be imposed upon the legal
owner for the parking and storage of the motor vehicle except as
follows: (1) The first 15 days of possession and (2) following that
15-day period, the period commencing three days after written notice
is sent by the person in possession to the legal owner by certified
mail, return receipt requested, and continuing for a period not to
exceed any applicable time limit set forth in Section 3068 or 3068.1
of the Civil Code.
(b) The costs of notifying the legal owner may be charged as part
of the storage fee when the motor vehicle has been stored for an
indefinite period of time and notice is given no sooner than the
third day of possession. This subdivision also applies if the legal
owner refuses to claim possession of the motor vehicle.
(c) In any action brought by, or on behalf of, a legal owner of a
motor vehicle to which subdivision (a) applies, to recover a motor
vehicle alleged to be withheld by the person in possession of the
motor vehicle by demanding storage fees or charges for any number of
days in excess of that permitted pursuant to subdivision (a), the
prevailing party shall be entitled to reasonable attorney's fees, not
to exceed one thousand seven hundred fifty dollars ($1,750). The
recovery of those fees is in addition to any other right, remedy, or
cause of action of that party.
(d) This section is not applicable to any motor vehicle stored by
a levying officer acting under the authority of judicial process.
10653. Whenever any vehicle of a type subject to registration under
this code which shows evidence of having been struck by a bullet is
stored in a garage or repair shop, the keeper thereof shall within 24
hours after receiving the vehicle report such fact to the sheriff's
office of the county or police department of the city wherein the
garage or repair shop is located, giving the motor or other number of
the vehicle, the license number if ascertainable, and the name and
address of the person storing the same or the name and address of the
owner shown by the registration card, if the same is attached to the
vehicle in a clearly discernible place.
10654. Every person other than the keeper of a garage renting any
private building used as a private garage or space therein for the
storage of a vehicle of a type subject to registration under this
code, when the agreement to rent includes only the building or space
therein, shall within 24 hours after the vehicle is stored therein
report such fact together with the name of the tenant, and a
description of the vehicle, including the name or make, the motor or
other number of the vehicle, and the license number to the sheriff's
office of the county or the police department of the city wherein the
building is located. "Private garage" as used in this section does
not include a public warehouse or public garage.
10655. No person required to keep a record or make a report under
this chapter shall wilfully fail, refuse, or neglect to comply with
this chapter.
10656. The director, deputy director, registrar, deputy registrar,
investigators of the department, and members of a city police
department or county sheriff's office whose primary responsibility is
to conduct vehicle theft investigations, may inspect any vehicle of
a type required to be registered under this code in any garage,
repair shop, parking lot, used car lot, automobile dismantlers lot,
or other similar establishment for the purpose of investigating the
title and registration of vehicles and inspection of vehicles wrecked
or dismantled.
10658. (a) The provisions of this chapter shall not apply to the
storage of any recreational vehicle owned by a mobilehome park
resident and stored in a mobilehome park.
(b) As used in this section, "recreational vehicle" shall have the
same meaning as defined in Section 18215.5 of the Health and Safety
Code, and "mobilehome park" shall have the same meaning as defined in
Section 18214 of the Health and Safety Code.
|