22650. It is unlawful for any peace officer or any unauthorized
person to remove any unattended vehicle from a highway to a garage or
to any other place, except as provided in this code.
(a) Those law enforcement and other agencies identified in this
chapter as having the authority to remove vehicles shall also have
the authority to provide hearings in compliance with the provisions
of Section 22852. During these hearings the storing agency shall
have the burden of establishing the authority for, and the validity
of, the removal.
(b) Nothing in this section shall be deemed to prevent a review or
other action as may be permitted by the laws of this state by a
court of competent jurisdiction.
22651. Any peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, or any
regularly employed and salaried employee, who is engaged in directing
traffic or enforcing parking laws and regulations, of a city,
county, or jurisdiction of a state agency in which a vehicle is
located, may remove a vehicle located within the territorial limits
in which the officer or employee may act, under any of the following
circumstances:
(a) When any vehicle is left unattended upon any bridge, viaduct,
or causeway or in any tube or tunnel where the vehicle constitutes an
obstruction to traffic.
(b) When any vehicle is parked or left standing upon a highway in
a position so as to obstruct the normal movement of traffic or in a
condition so as to create a hazard to other traffic upon the highway.
(c) When any vehicle is found upon a highway or any public lands
and a report has previously been made that the vehicle has been
stolen or a complaint has been filed and a warrant thereon issued
charging that the vehicle has been embezzled.
(d) When any vehicle is illegally parked so as to block the
entrance to a private driveway and it is impractical to move the
vehicle from in front of the driveway to another point on the
highway.
(e) When any vehicle is illegally parked so as to prevent access
by firefighting equipment to a fire hydrant and it is impracticable
to move the vehicle from in front of the fire hydrant to another
point on the highway.
(f) When any vehicle, except any highway maintenance or
construction equipment, is stopped, parked, or left standing for more
than four hours upon the right-of-way of any freeway which has full
control of access and no crossings at grade and the driver, if
present, cannot move the vehicle under its own power.
(g) When the person or persons in charge of a vehicle upon a
highway or any public lands are, by reason of physical injuries or
illness, incapacitated to an extent so as to be unable to provide for
its custody or removal.
(h) (1) When an officer arrests any person driving or in control
of a vehicle for an alleged offense and the officer is, by this code
or other law, required or permitted to take, and does take, the
person into custody.
(2) When an officer serves a notice of an order of suspension or
revocation pursuant to Section 13388.
(i) (1) When any vehicle, other than a rented vehicle, is found
upon a highway or any public lands, or is removed pursuant to this
code, and it is known that the vehicle has been issued five or more
notices of parking violations to which the owner or person in control
of the vehicle has not responded within 21 calendar days of notice
of citation issuance or citation issuance or 14 calendar days of the
mailing of a notice of delinquent parking violation to the agency
responsible for processing notices of parking violation or the
registered owner of the vehicle is known to have been issued five or
more notices for failure to pay or failure to appear in court for
traffic violations for which no certificate has been issued by the
magistrate or clerk of the court hearing the case showing that the
case has been adjudicated or concerning which the registered owner's
record has not been cleared pursuant to Chapter 6 (commencing with
Section 41500) of Division 17, the vehicle may be impounded until
that person furnishes to the impounding law enforcement agency all of
the following:
(A) Evidence of his or her identity.
(B) An address within this state at which he or she can be
located.
(C) Satisfactory evidence that all parking penalties due for the
vehicle and any other vehicle registered to the registered owner of
the impounded vehicle, and all traffic violations of the registered
owner, have been cleared.
(2) The requirements in subparagraph (C) of paragraph (1) shall be
fully enforced by the impounding law enforcement agency on and after
the time that the Department of Motor Vehicles is able to provide
access to the necessary records.
(3) A notice of parking violation issued for an unlawfully parked
vehicle shall be accompanied by a warning that repeated violations
may result in the impounding of the vehicle. In lieu of furnishing
satisfactory evidence that the full amount of parking penalties or
bail has been deposited, that person may demand to be taken without
unnecessary delay before a magistrate, for traffic offenses, or a
hearing examiner, for parking offenses, within the county in which
the offenses charged are alleged to have been committed and who has
jurisdiction of the offenses and is nearest or most accessible with
reference to the place where the vehicle is impounded. Evidence of
current registration shall be produced after a vehicle has been
impounded, or, at the discretion of the impounding law enforcement
agency, a notice to appear for violation of subdivision (a) of
Section 4000 shall be issued to that person.
(4) A vehicle shall be released to the legal owner, as defined in
Section 370, if the legal owner does all of the following:
(A) Pays the cost of towing and storing the vehicle.
(B) Submits evidence of payment of fees as provided in Section
9561.
(C) Completes an affidavit in a form acceptable to the impounding
law enforcement agency stating that the vehicle was not in possession
of the legal owner at the time of occurrence of the offenses
relating to standing or parking. A vehicle released to a legal owner
under this subdivision is a repossessed vehicle for purposes of
disposition or sale. The impounding agency shall have a lien on any
surplus that remains upon sale of the vehicle to which the registered
owner is or may be entitled, as security for the full amount of the
parking penalties for all notices of parking violations issued for
the vehicle and for any local administrative charges imposed pursuant
to Section 22850.5. The legal owner shall promptly remit to, and
deposit with, the agency responsible for processing notices of
parking violations from that surplus, on receipt thereof, full amount
of the parking penalties for all notices of parking violations
issued for the vehicle and for any local administrative charges
imposed pursuant to Section 22850.5.
(5) The impounding agency that has a lien on the surplus that
remains upon the sale of a vehicle to which a registered owner is
entitled pursuant to paragraph (4) has a deficiency claim against the
registered owner for the full amount of the parking penalties for
all notices of parking violations issued for the vehicle and for any
local administrative charges imposed pursuant to Section 22850.5,
less the amount received from the sale of the vehicle.
(j) When any vehicle is found illegally parked and there are no
license plates or other evidence of registration displayed, the
vehicle may be impounded until the owner or person in control of the
vehicle furnishes the impounding law enforcement agency evidence of
his or her identity and an address within this state at which he or
she can be located.
(k) When any vehicle is parked or left standing upon a highway for
72 or more consecutive hours in violation of a local ordinance
authorizing removal.
(l) When any vehicle is illegally parked on a highway in violation
of any local ordinance forbidding standing or parking and the use of
a highway, or a portion thereof, is necessary for the cleaning,
repair, or construction of the highway, or for the installation of
underground utilities, and signs giving notice that the vehicle may
be removed are erected or placed at least 24 hours prior to the
removal by local authorities pursuant to the ordinance.
(m) Wherever the use of the highway, or any portion thereof, is
authorized by local authorities for a purpose other than the normal
flow of traffic or for the movement of equipment, articles, or
structures of unusual size, and the parking of any vehicle would
prohibit or interfere with that use or movement, and signs giving
notice that the vehicle may be removed are erected or placed at least
24 hours prior to the removal by local authorities pursuant to the
ordinance.
(n) Whenever any vehicle is parked or left standing where local
authorities, by resolution or ordinance, have prohibited parking and
have authorized the removal of vehicles. No vehicle may be removed
unless signs are posted giving notice of the removal.
(o) (1) When any vehicle is found or operated upon a highway, any
public lands, or an offstreet parking facility with a registration
expiration date in excess of six months before the date it is found
or operated on the highway, public lands, or the offstreet parking
facility. However, whenever the vehicle is occupied, only a peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2 of the Penal Code, may remove the vehicle. For the
purposes of this subdivision, the vehicle shall be released to the
owner or person in control of the vehicle only after the owner or
person furnishes the storing law enforcement agency with proof of
current registration and a currently valid driver's license to
operate the vehicle.
(2) As used in this subdivision, "offstreet parking facility"
means any offstreet facility held open for use by the public for
parking vehicles and includes any publicly owned facilities for
offstreet parking, and privately owned facilities for offstreet
parking where no fee is charged for the privilege to park and which
are held open for the common public use of retail customers.
(p) When the peace officer issues the driver of a vehicle a notice
to appear for a violation of Section 12500, 14601, 14601.1, 14601.2,
14601.3, 14601.4, 14601.5, or 14604 and the vehicle has not been
impounded pursuant to Section 22655.5. Any vehicle so removed from
the highway or any public lands, or from private property after
having been on a highway or public lands, shall not be released to
the registered owner or his or her agent, except upon presentation of
the registered owner's or his or her agent's currently valid driver'
s license to operate the vehicle and proof of current vehicle
registration, or upon order of a court.
(q) Whenever any vehicle is parked for more than 24 hours on a
portion of highway which is located within the boundaries of a common
interest development, as defined in subdivision (c) of Section 1351
of the Civil Code, and signs, as required by Section 22658.2, have
been posted on that portion of highway providing notice to drivers
that vehicles parked thereon for more than 24 hours will be removed
at the owner's expense, pursuant to a resolution or ordinance adopted
by the local authority.
(r) When any vehicle is illegally parked and blocks the movement
of a legally parked vehicle.
(s) (1) When any vehicle, except highway maintenance or
construction equipment, an authorized emergency vehicle, or a vehicle
which is properly permitted or otherwise authorized by the
Department of Transportation, is stopped, parked, or left standing
for more than eight hours within a roadside rest area or viewpoint.
(2) For purposes of this subdivision, a roadside rest area or
viewpoint is a publicly maintained vehicle parking area, adjacent to
a highway, utilized for the convenient, safe stopping of a vehicle to
enable motorists to rest or to view the scenery. If two or more
roadside rest areas are located on opposite sides of the highway, or
upon the center divider, within seven miles of each other, then that
combination of rest areas is considered to be the same rest area.
(t) When a peace officer issues a notice to appear for a violation
of Section 25279.
22651.1. Persons operating or in charge of any storage facility
where vehicles are stored pursuant to Section 22651 shall accept a
valid bank credit card or cash for payment of towing and storage by
the registered owner, legal owner, or the owner's agent claiming the
vehicle. A person operating or in charge of any storage facility who
refuses to accept a valid bank credit card shall be liable to the
registered owner of the vehicle for four times the amount of the
towing and storage charges, but not to exceed five hundred dollars
($500). In addition, persons operating or in charge of the storage
facility shall have sufficient funds on the premises to accommodate
and make change in a reasonable monetary transaction.
Credit charges for towing and storage services shall comply with
Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when agreeing
with a towing or storage provider on rates.
22651.2. (a) Any peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
or any regularly employed and salaried employee, who is engaged in
directing traffic or enforcing parking laws and regulations of a
city, county, or jurisdiction of a state agency in which a vehicle is
located, may remove a vehicle located within the territorial limits
in which the officer or employee may act when the vehicle is found
upon a highway or any public lands, and if all of the following
requirements are satisfied:
(1) Because of the size and placement of signs or placards on the
vehicle, it appears that the primary purpose of parking the vehicle
at that location is to advertise to the public an event or function
on private property or on public property hired for a private event
or function to which the public is invited.
(2) The vehicle is known to have been previously issued a notice
of parking violation that was accompanied by a notice warning that an
additional parking violation may result in the impoundment of the
vehicle.
(3) The registered owner of the vehicle has been mailed a notice
advising of the existence of the parking violation and that an
additional violation may result in the impoundment of the vehicle.
(b) Subdivision (a) does not apply to a vehicle bearing any sign
or placard advertising any business or enterprise carried on by or
through the use of that vehicle.
(c) Section 22852 applies to the removal of any vehicle pursuant
to this section.
22651.3. (a) Any peace officer, as that term is defined in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code, or any regularly employed and salaried employee, who is engaged
in directing traffic or enforcing parking laws and regulations, of a
city, county, or jurisdiction of a state agency in which any
vehicle, other than a rented vehicle, is located may remove the
vehicle from an offstreet public parking facility located within the
territorial limits in which the officer or employee may act when the
vehicle is known to have been issued five or more notices of parking
violation over a period of five or more days, to which the owner or
person in control of the vehicle has not responded or when any
vehicle is illegally parked so as to prevent the movement of a
legally parked vehicle.
A notice of parking violation issued to a vehicle which is
registered in a foreign jurisdiction or is without current California
registration and is known to have been issued five or more notices
of parking violation over a period of five or more days shall be
accompanied by a warning that repeated violations may result in the
impounding of the vehicle.
(b) The vehicle may be impounded until the owner or person in
control of the vehicle furnishes to the impounding law enforcement
agency evidence of his or her identity and an address within this
state at which he or she can be located and furnishes satisfactory
evidence that bail has been deposited for all notices of parking
violation issued for the vehicle. In lieu of requiring satisfactory
evidence that the bail has been deposited, the impounding law
enforcement agency may, in its discretion, issue a notice to appear
for the offenses charged, as provided in Article 2 (commencing with
Section 40500) of Chapter 2 of Division 17. In lieu of either
furnishing satisfactory evidence that the bail has been deposited or
accepting the notice to appear, the owner or person in control of the
vehicle may demand to be taken without unnecessary delay before a
magistrate within the county in which the offenses charged are
alleged to have been committed and who has jurisdiction of the
offenses and is nearest or most accessible with reference to the
place where the vehicle is impounded.
(c) Evidence of current registration shall be produced after a
vehicle has been impounded. At the discretion of the impounding law
enforcement agency, a notice to appear for violation of subdivision
(a) of Section 4000 may be issued to the owner or person in control
of the vehicle, if the two days immediately following the day of
impoundment are weekend days or holidays.
22651.4. Any peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, may impound
a vehicle and its cargo pursuant to Section 34517.
22651.5. (a) Any peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
or any regularly employed and salaried employee who is engaged in
directing traffic or enforcing parking laws or regulations, may, upon
the complaint of any person, remove a vehicle parked within 500 feet
of any occupied building of a school, community college, or
university during normal hours of operation, or a vehicle parked
within a residence or business district, from a highway or from
public or private property, if an alarm device or horn has been
activated within the vehicle, whether continuously activated or
intermittently and repeatedly activated, the peace officer or
designated employee is unable to locate the owner of the vehicle
within 20 minutes from the time of arrival at the vehicle's location,
and the alarm device or horn has not been completely silenced prior
to removal.
(b) Upon removal of a vehicle from a highway or from public or
private property pursuant to this section, the peace officer or
designated employee ordering the removal shall immediately report the
removal and the location to which the vehicle is removed to the
Stolen Vehicle System of the Department of Justice.
22651.6. A peace officer or employee specified in Section 22651 may
remove a vehicle located within the territorial limits in which the
officer or employee may act when the vehicle was used by a person who
was engaged in a motor vehicle speed contest, as described in
subdivision (a) of Section 23109, and the person was arrested and
taken into custody for that offense by a peace officer.
22651.7. In addition to, or as an alternative to, removal, any
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, or any regularly
employed and salaried employee who is engaged in directing traffic or
enforcing parking laws and regulations, of a jurisdiction in which a
vehicle is located may immobilize the vehicle with a device designed
and manufactured for the immobilization of vehicles, on a highway or
any public lands located within the territorial limits in which the
officer or employee may act if the vehicle is found upon a highway or
any public lands and it is known to have been issued five or more
notices of parking violations which are delinquent because the owner
or person in control of the vehicle has not responded to the agency
responsible for processing notices of parking violation within 21
calendar days of notice of citation issuance or citation issuance or
14 calendar days of the mailing of a notice of delinquent parking
violation, or the registered owner of the vehicle is known to have
been issued five or more notices for failure to pay or failure to
appear in court for traffic violations for which no certificate has
been issued by the magistrate or clerk of the court hearing the case
showing that the case has been adjudicated or concerning which the
registered owner's record has not been cleared pursuant to Chapter 6
(commencing with Section 41500) of Division 17. The vehicle may be
immobilized until that person furnishes to the immobilizing law
enforcement agency all of the following:
(a) Evidence of his or her identity.
(b) An address within this state at which he or she can be
located.
(c) Satisfactory evidence that the full amount of parking
penalties has been deposited for all notices of parking violation
issued for the vehicle and any vehicles registered to the registered
owner of the immobilized vehicle and that bail has been deposited for
all traffic violations of the registered owner that have not been
cleared. The requirements in subdivision (c) shall be fully enforced
by the immobilizing law enforcement agency on and after the time
that the Department of Motor Vehicles is able to provide access to
the necessary records. A notice of parking violation issued to the
vehicle shall be accompanied by a warning that repeated violations
may result in the impounding or immobilization of the vehicle. In
lieu of furnishing satisfactory evidence that the full amount of
parking penalties or bail, or both, have been deposited that person
may demand to be taken without unnecessary delay before a magistrate,
for traffic offenses, or a hearing examiner, for parking offenses,
within the county in which the offenses charged are alleged to have
been committed and who has jurisdiction of the offenses and is
nearest or most accessible with reference to the place where the
vehicle is immobilized. Evidence of current registration shall be
produced after a vehicle has been immobilized or, at the discretion
of the immobilizing law enforcement agency, a notice to appear for
violation of subdivision (a) of Section 4000 shall be issued to that
person.
22651.8. For purposes of paragraph (1) of subdivision (i) of
Section 22651 and Section 22651.7, "satisfactory evidence" includes,
but is not limited to, a copy of a receipt issued by the department
pursuant to subdivision (a) of Section 4760 for the payment of
notices of parking violations appearing on the department's records
at the time of payment. The processing agency shall, within 72 hours
of receiving that satisfactory evidence, update its records to
reflect the payments made to the department. If the processing
agency does not receive the amount of the parking penalties and
administrative fees from the department within four months of the
date of issuance of that satisfactory evidence, the processing agency
may revise its records to reflect that no payments were received for
the notices of parking violation.
22651.9. (a) Any peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
or any regularly employed and salaried employee, who is engaged in
directing traffic or enforcing parking laws and regulations, of a
city, county, or city and county in which a vehicle is located, may
remove a vehicle located within the territorial limits in which the
officer or employee may act when the vehicle is found upon a street
or any public lands, if all of the following requirements are
satisfied:
(1) Because of a sign or placard on the vehicle, it appears that
the primary purpose of parking the vehicle at that location is to
advertise to the public the private sale of that vehicle.
(2) Within the past 30 days, the vehicle is known to have been
previously issued a notice of parking violation, under local
ordinance, which was accompanied by a notice containing all of the
following:
(A) A warning that an additional parking violation may result in
the impoundment of the vehicle.
(B) A warning that the vehicle may be impounded pursuant to this
section, even if moved to another street, so long as the signs or
placards offering the vehicle for sale remain on the vehicle.
(C) A listing of the streets or public lands subject to the
resolution or ordinance adopted pursuant to paragraph (4), or if all
streets are covered, a statement to that effect.
(3) The notice of parking violation was issued at least 24 hours
prior to the removal of the vehicle.
(4) The local authority of the city, county, or city and county
has, by resolution or ordinance, authorized the removal of vehicles
pursuant to this section from the street or public lands on which the
vehicle is located.
(b) Section 22852 applies to the removal of any vehicle pursuant
to this section.
22652. Any peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, or any
regularly employed and salaried employee engaged in directing traffic
or enforcing parking laws and regulations of a city, county, or
jurisdiction of a state agency may remove any vehicle from a stall or
space designated for physically handicapped persons pursuant to
Section 22511.7 or 22511.8, located within the jurisdictional limits
in which the officer or employee is authorized to act, if the vehicle
is parked in violation of Section 22507.8 and if the police or
sheriff's department or the Department of the California Highway
Patrol has been notified.
In a privately or publicly owned or operated offstreet parking
facility, this section applies only to those stalls and spaces if the
posting requirements under subdivisions (a) and (d) of Section
22511.8 have been complied with and if the stalls or spaces are
clearly signed or marked.
22652.5. The owner or person in lawful possession of an offstreet
parking facility, or any local authority owning or operating an
offstreet parking facility, who causes a vehicle to be removed from
the parking facility pursuant to Section 22511.8, or any state, city,
or county employee, is not civilly liable for the removal if the
police or sheriff's department in whose jurisdiction the offstreet
parking facility or the stall or space is located or the Department
of the California Highway Patrol has been notified prior to the
removal.
22652.6. Any peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, or any
regularly employed and salaried employee engaged in directing traffic
or enforcing parking laws and regulations of a city or county, may
remove any vehicle parked or standing on the streets or highways or
from a stall or space of a privately or publicly owned or operated
offstreet parking facility within the jurisdiction of the city or
county when the vehicle is in violation of a local ordinance or
resolution adopted pursuant to Section 22511.57.
22653. (a) Any peace officer, as that term is defined in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code, other than an employee directing traffic or enforcing parking
laws and regulations, may remove a vehicle from private property
located within the territorial limits in which the officer is
empowered to act, when a report has previously been made that the
vehicle has been stolen or a complaint has been filed and a warrant
thereon issued charging that the vehicle has been embezzled.
(b) Any peace officer, as that term is defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
may, after a reasonable period of time, remove a vehicle from
private property located within the territorial limits in which the
officer is empowered to act, if the vehicle has been involved in, and
left at the scene of, a traffic accident and no owner is available
to grant permission to remove the vehicle. This subdivision does not
authorize the removal of a vehicle where the owner has been
contacted and has refused to grant permission to remove the vehicle.
(c) Any peace officer, as that term is defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
may, at the request of the property owner or person in lawful
possession of any private property, remove a vehicle from private
property located within the territorial limits in which the officer
is empowered to act when an officer arrests any person driving or in
control of a vehicle for an alleged offense and the officer is, by
this code or other law, required or authorized to take, and does take
the person arrested before a magistrate without unnecessary delay.
22654. (a) Whenever any peace officer, as that term is defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code, or other employee directing traffic or enforcing parking
laws and regulations, finds a vehicle standing upon a highway,
located within the territorial limits in which the officer or
employee is empowered to act, in violation of Sections 22500 and
22504, the officer or employee may move the vehicle or require the
driver or other person in charge of the vehicle to move it to the
nearest available position off the roadway or to the nearest parking
location, or may remove and store the vehicle if moving it off the
roadway to a parking location is impracticable.
(b) Whenever the officer or employee finds a vehicle standing upon
a street, located within the territorial limits in which the officer
or employee is empowered to act, in violation of a traffic ordinance
enacted by local authorities to prevent flooding of adjacent
property, he or she may move the vehicle or require the driver or
person in charge of the vehicle to move it to the nearest available
location in the vicinity where parking is permitted.
(c) Any state, county, or city authority charged with the
maintenance of any highway may move any vehicle which is disabled or
abandoned or which constitutes an obstruction to traffic from the
place where it is located on a highway to the nearest available
position on the same highway as may be necessary to keep the highway
open or safe for public travel. In addition, employees of the
Department of Transportation may remove any disabled vehicle which
constitutes an obstruction to traffic on a freeway from the place
where it is located to the nearest available location where parking
is permitted; and, if the vehicle is unoccupied, the department shall
comply with the notice requirements of subdivision (d).
(d) Any state, county, or city authority charged with the
maintenance or operation of any highway, highway facility, or public
works facility, in cases necessitating the prompt performance of any
work on or service to the highway, highway facility, or public works
facility, may move to the nearest available location where parking is
permitted, any unattended vehicle which obstructs or interferes with
the performance of the work or service or may remove and store the
vehicle if moving it off the roadway to a location where parking is
permitted would be impracticable. If the vehicle is moved to another
location where it is not readily visible from its former parked
location or it is stored, the person causing the movement or storage
of the vehicle shall immediately, by the most expeditious means,
notify the owner of the vehicle of its location. If for any reason
the vehicle owner cannot be so notified, the person causing the
vehicle to be moved or stored shall immediately, by the most
expeditious means, notify the police department of the city in which
the vehicle was parked, or, if the vehicle had been parked in an
unincorporated area of a county, notify the sheriff's department and
nearest office of the California Highway Patrol in that county. No
vehicle may be removed and stored pursuant to this subdivision unless
signs indicating that no person shall stop, park, or leave standing
any vehicle within the areas marked by the signs because the work or
service would be done, were placed at least 24 hours prior to the
movement or removal and storage.
(e) Whenever any peace officer finds a vehicle parked or standing
upon a highway in a manner so as to obstruct necessary emergency
services, or the routing of traffic at the scene of a disaster, the
officer may move the vehicle or require the driver or other person in
charge of the vehicle to move it to the nearest available parking
location. If the vehicle is unoccupied, and moving the vehicle to a
parking location is impractical, the officer may store the vehicle
pursuant to Sections 22850 and 22852 and subdivision (a) or (b) of
Section 22853. If the vehicle so moved or stored was otherwise
lawfully parked, no moving or storage charges shall be assessed
against or collected from the driver or owner.
22655. (a) When any peace officer, as that term is defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code or any regularly employed and salaried employee who is
engaged in directing traffic or enforcing parking statutes and
regulations, has reasonable cause to believe that a motor vehicle on
a highway or on private property open to the general public onto
which the public is explicitly or implicitly invited, located within
the territorial limits in which the officer is empowered to act, has
been involved in a hit-and-run accident, and the operator of the
vehicle has failed to stop and comply with Sections 20002 to 20006,
inclusive, the officer may remove the vehicle from the highway or
from public or private property for the purpose of inspection.
(b) Unless sooner released, the vehicle shall be released upon the
expiration of 48 hours after the removal from the highway or private
property upon demand of the owner. When determining the 48-hour
period, weekends, and holidays shall not be included.
(c) Notwithstanding subdivision (b), when a motor vehicle to be
inspected pursuant to subdivision (a) is a commercial vehicle, any
cargo within the vehicle may be removed or transferred to another
vehicle.
This section shall not be construed to authorize the removal of
any vehicle from an enclosed structure on private property that is
not open to the general public.
22655.3. Any peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, pursuing a
fleeing or evading person in a motor vehicle may remove and store, or
cause to be removed and stored, any vehicle used in violation of
Section 2800.1 or 2800.2 from property other than that of the
registered owner of the vehicle for the purposes of investigation,
identification, or apprehension of the driver if the driver of the
vehicle abandons the vehicle and leaves it unattended. All towing
and storage fees for a vehicle removed under this section shall be
paid by the owner, unless the vehicle was stolen or taken without
permission.
No vehicle shall be impounded under this section if the driver is
arrested before arrival of the towing equipment or if the registered
owner is in the vehicle.
As used in this section, "remove and store a vehicle" means that
the peace officer may cause the removal of a vehicle to, and storage
of a vehicle in, a private lot where the vehicle may be secured by
the owner of the facility or by the owner's representative.
This section is not intended to change current statute and case
law governing searches and seizures.
22655.5. A peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, may remove
a motor vehicle from the highway or from public or private property
within the territorial limits in which the officer may act under the
following circumstances:
(a) When any vehicle is found upon a highway or public or private
property and a peace officer has probable cause to believe that the
vehicle was used as the means of committing a public offense.
(b) When any vehicle is found upon a highway or public or private
property and a peace officer has probable cause to believe that the
vehicle is itself evidence which tends to show that a crime has been
committed or that the vehicle contains evidence, which cannot readily
be removed, which tends to show that a crime has been committed.
(c) Notwithstanding Section 3068 of the Civil Code or Section
22851 of this code, no lien shall attach to a vehicle removed under
this section unless the vehicle was used by the alleged perpetrator
of the crime with the express or implied permission of the owner of
the vehicle.
(d) In any prosecution of the crime for which a vehicle was
impounded pursuant to this section, the prosecutor may request, and
the court may order, the perpetrator of the crime, if convicted, to
pay the costs of towing and storage of the vehicle, and any
administrative charges imposed pursuant to Section 22850.5.
(e) This section shall become operative on January 1, 1993.
22656. Any peace officer, as that term is defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
may remove a vehicle from the right-of-way of a railroad, street
railway, or light rail line located within the territorial limits in
which the officer is empowered to act if the vehicle is parked or
abandoned upon any track or within 71/2 feet of the nearest rail.
The officer may also remove a vehicle that is parked beyond 71/2 feet
of the nearest rail but within the right-of-way of a railroad,
street railway, or light rail if signs are posted giving notice that
vehicles may be removed.
22658. (a) Except as provided in Section 22658.2, the owner or
person in lawful possession of any private property, within one hour
of notifying, by telephone or, if impractical, by the most
expeditious means available, the local traffic law enforcement
agency, may cause the removal of a vehicle parked on the property to
the nearest public garage 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 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. 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 person causing removal of the vehicle, if the person knows
or is able to ascertain from 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 public garage, a copy of the notice shall be given to the
proprietor of the garage. The notice provided for in this section
shall include the amount of mileage on the vehicle at the time of
removal. If the person 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 person causing
removal of the vehicle 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.
(c) This section does not limit or affect any right or remedy
which the owner or person in lawful possession of private property
may have by virtue of other provisions of law authorizing the removal
of a vehicle parked upon private property.
(d) The owner of a vehicle removed from private property pursuant
to subdivision (a) may recover for any damage to the vehicle
resulting from any intentional or negligent act of any person causing
the removal of, or removing, the vehicle.
(e) Any owner or person in lawful possession of any private
property, or an "association" pursuant to Section 22658.2, causing
the removal of a vehicle parked on that property is liable for double
the storage or towing charges whenever there has been a failure to
comply with paragraph (1), (2), or (3) of subdivision (a) or to state
the grounds for the removal of the vehicle if requested by the legal
or registered owner of the vehicle as required by subdivision (f).
(f) Any owner or person in lawful possession of any private
property, or an "association" pursuant to Section 22658.2, causing
the removal of a vehicle parked on that property shall state the
grounds for the removal of the vehicle if requested by the legal or
registered owner of that vehicle. Any towing company that removes a
vehicle from private property with the authorization of the property
owner or the property owner's agent shall not be held responsible in
any situation relating to the validity of the removal. Any towing
company that removes the vehicle under this section shall be
responsible for (1) any damage to the vehicle in the transit and
subsequent storage of the vehicle and (2) the removal of a vehicle
other than the vehicle specified by the owner or other person in
lawful possession of the private property.
(g) Possession of any vehicle under this section shall be deemed
to arise when a vehicle is removed from private property and is in
transit.
(h) A towing company may impose a charge of not more than one-half
of the regular towing charge for the towing of a vehicle at the
request of the owner of private property or that owner's agent
pursuant to this section if the owner of the vehicle or the owner's
agent returns to the vehicle before it is removed from the private
property. The regular towing charge may only be imposed after the
vehicle has been removed from the property and is in transit.
(i) (1) A charge for towing or storage, or both, of a vehicle
under this section is excessive if the charge is greater than that
which would have been charged for towing or storage, or both, made at
the request of a law enforcement agency under an agreement between
the law enforcement agency and a towing company in the city or county
in which is located the private property from which the vehicle was,
or was attempted to be, removed.
(2) If a vehicle is released within 24 hours from the time the
vehicle is brought into the storage facility, regardless of the
calendar date, the storage charge shall be for only one day. Not
more than one day's storage charge may be required for any vehicle
released the same day that it is stored.
(3) If a request to release a vehicle is made and the appropriate
fees are tendered and documentation establishing that the person
requesting release is entitled to possession of the vehicle, or is
the owner's insurance representative, is presented within the initial
24 hours of storage, and the storage facility fails to comply with
the request to release the vehicle or is not open for business during
normal business hours, then only one day's storage charge may be
required to be paid until after the first business day. A business
day is any day in which the lienholder is open for business to the
public for at least eight hours. If a request is made more than 24
hours after the vehicle is placed in storage, charges may be imposed
on a full calendar day basis for each day, or part thereof, that the
vehicle is in storage.
(j) Any person who charges a vehicle owner a towing, service, or
storage charge at an excessive rate, as described in subdivision (i),
is liable to the vehicle owner for four times the amount charged.
(k) Persons operating or in charge of any storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing and storage by a
registered owner or the owner's agent claiming the vehicle. A person
operating or in charge of any storage facility who refuses to accept
a valid bank credit card is liable to the registered owner of the
vehicle for four times the amount of the towing and storage charges,
but not to exceed five hundred dollars ($500). In addition, persons
operating or in charge of the storage facility shall have sufficient
moneys on the premises of the primary storage facility during normal
business hours to accommodate, and make change in, a reasonable
monetary transaction.
Credit charges for towing and storage services shall comply with
Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when making
agreements with towing companies as described in subdivision (i).
(l) (1) A towing company shall not remove or commence the removal
of a vehicle from private property without first obtaining written
authorization from the property owner or lessee, or an employee or
agent thereof, who shall be present at the time of removal. General
authorization to remove or commence removal of a vehicle at the
towing company's discretion shall not be delegated to a towing
company or its affiliates except in the case of a vehicle unlawfully
parked within 15 feet of a fire hydrant or in a fire lane, or in a
manner which interferes with any entrance to, or exit from, the
private property.
(2) If a towing company removes a vehicle without written
authorization and that vehicle is unlawfully parked within 15 feet of
a fire hydrant or in a fire lane, or in a manner which interferes
with any entrance to, or exit from, the private property, the towing
company shall take, prior to the removal of that vehicle, a
photograph of the vehicle which clearly indicates that parking
violation. The towing company shall keep one copy of the photograph
taken pursuant to this paragraph, and shall present that photograph
to the owner or an agent of the owner, when that person claims the
vehicle.
(3) Any towing company, or any affiliate of a towing company,
which removes, or commences removal of, a vehicle from private
property without first obtaining written authorization from the
property owner or lessee, or an employee or agent thereof, who is
present at the time of removal or commencement of the removal, except
as permitted by paragraph (1), is liable to the owner of the vehicle
for four times the amount of the towing and storage charges, in
addition to any applicable criminal penalty, for a violation of
paragraph (1).
22658.1. (a) Any towing company that, in removing a vehicle, cuts,
removes, otherwise damages, or leaves open a fence without the prior
approval of the property owner or the person in charge of the
property shall then and there do either of the following:
(1) Locate and notify the owner or person in charge of the
property of the damage or open condition of the fence, the name and
address of the towing company, and the license, registration, or
identification number of the vehicle being removed.
(2) Leave in a conspicuous place on the property the name and
address of the towing company, and the license, registration, or
identification number of the vehicle being removed, and shall without
unnecessary delay, notify the police department of the city in which
the property is located, or if the property is located in
unincorporated territory, either the sheriff or the local
headquarters of the Department of the California Highway Patrol, of
that information and the location of the damaged or opened fence.
(b) Any person failing to comply with all the requirements of this
section is guilty of an infraction.
22658.2. (a) Except as provided in subdivision (b), an "association"
, as defined in subdivision (a) of Section 1351 of the Civil Code, of
a common interest development, as defined in subdivision (c) of
Section 1351 of the Civil Code, may cause the removal of a vehicle
parked on that property to the nearest public garage if all of the
following requirements are satisfied:
(1) A sign not less than 17 by 22 inches in size with lettering
not less than one inch in height appears at each entrance to the
common interest development and contains both of the following:
(A) A statement that public parking is prohibited and all vehicles
not authorized to park on the common interest development will be
removed at the owner's expense.
(B) The telephone number of the local traffic law enforcement
agency.
The sign may also indicate that a citation may be issued for the
violation.
(2) If the identity of the registered owner of the vehicle is
known or readily ascertainable, the president of the association or
his or her designee shall, within a reasonable time, notify the owner
of the removal by first-class mail. If the identity of the owner of
the vehicle is not known or ascertainable, the president of the
association or his or her designee shall comply with subdivision (c)
of Section 22853.
(3) The president of the association or his or her designee, gives
or causes to be given, notice of the removal to the local traffic
law enforcement agency immediately after the vehicle has been
removed. The notice shall include a description of the vehicle, the
license plate number, and the address from where the vehicle was
removed.
(b) The association may cause the removal without notice of any
vehicle parked in a marked fire lane, within 15 feet of a fire
hydrant, in a parking space designated for handicapped without proper
authority, or in a manner which interferes with any entrance to, or
exit from, the common interest development or any separate interest
contained therein.
(c) Notwithstanding Section 1708 of the Civil Code, the
association shall not be liable for any damages incurred by the
vehicle owner because of the removal of a vehicle in compliance with
this section or for any damage to the vehicle caused by the removal.
However, the owner of a vehicle removed pursuant to this section may
recover for any damage to the vehicle which results from any
intentional or negligent act of the association or any person causing
the removal of, or removing, the vehicle.
(d) Notwithstanding any other provision of law, subdivisions (f)
to (k), inclusive, of Section 22658 apply to the removal of vehicles
pursuant to this section.
22659. Any peace officer of the Department of the California
Highway Patrol or any person duly authorized by the state agency in
possession of property owned by the state, or rented or leased from
others by the state and any peace officer of the Department of the
California Highway Patrol providing policing services to property of
a district agricultural association may, subsequent to giving notice
to the city police or county sheriff, whichever is appropriate, cause
the removal of a vehicle from the property to the nearest public
garage, under any of the following circumstances:
(a) When the vehicle is illegally parked in locations where signs
are posted giving notice of violation and removal.
(b) When an officer arrests any person driving or in control of a
vehicle for an alleged offense and the officer is by this code or
other law required to take the person arrested before a magistrate
without unnecessary delay.
(c) When any vehicle is found upon the property and report has
previously been made that the vehicle has been stolen or complaint
has been filed and a warrant thereon issued charging that the vehicle
has been embezzled.
(d) When the person or persons in charge of a vehicle upon the
property are by reason of physical injuries or illness incapacitated
to that extent as to be unable to provide for its custody or removal.
The person causing removal of the vehicle shall comply with the
requirements of Sections 22852 and 22853 relating to notice.
22659.5. (a) Notwithstanding any other provision of law, any city,
any county, or any city and county, may adopt an ordinance
establishing a five-year pilot program that implements procedures for
declaring any motor vehicle a public nuisance when the vehicle is
used in the commission of an act in violation of Section 266h or 266i
of the Penal Code or subdivision (b) of Section 647 of that code,
and there is a conviction of Section 266h or 266i of the Penal Code
or subdivision (b) of Section 647 of that code, or a provision
involving any lesser included offense to which the defendant enters a
plea of guilty or nolo contendere as part of a plea agreement
subsequent to the defendant having been charged with a violation of
Section 266h or 266i of the Penal Code or subdivision (b) of Section
647 of that code.
(b) In addition to the authority provided by subdivision (h) of
Section 22651, the ordinance may also include procedures to enjoin
and abate the declared nuisance by ordering the defendant not to use
the vehicle again for purposes of violating Section 266h or 266i of
the Penal Code or subdivision (b) of Section 647 of that code and
authorizing the temporary impoundment of the vehicle that the court
has declared a nuisance if the defendant violates the order. The
impoundment shall not exceed 48 hours.
(c) The only action that may be taken to enjoin and abate the
declared nuisance are those actions specified in subdivision (b).
(d) Any procedures implemented pursuant to this section shall
ensure that no vehicle is declared a nuisance if the vehicle is
stolen, unless it is not possible to reasonably ascertain the
identity of any owner of the vehicle.
22660. Notwithstanding any other provision of law, a city, county,
or city and county may adopt an ordinance establishing procedures for
the abatement and removal, as public nuisances, of abandoned,
wrecked, dismantled, or inoperative vehicles or parts thereof from
private or public property, and for the recovery, pursuant to Section
25845 or 38773.5 of the Government Code, or assumption by the local
authority, of costs of administration and the removal.
22661. Any ordinance establishing procedures for the removal of
abandoned vehicles shall contain all of the following provisions:
(a) The requirement that notice be given to the Department of
Motor Vehicles within five days after the date of removal,
identifying the vehicle or part thereof and any evidence of
registration available, including, but not limited to, the
registration card, certificates of ownership, or license plates.
(b) Making the ordinance inapplicable to (1) a vehicle or part
thereof that is completely enclosed within a building in a lawful
manner where it is not visible from the street or other public or
private property or (2) a vehicle or part thereof that is stored or
parked in a lawful manner on private property in connection with the
business of a licensed dismantler, licensed vehicle dealer, or a
junkyard. This exception shall not, however, authorize the
maintenance of a public or private nuisance as defined under
provisions of law other than this chapter.
(c) The requirement that not less than a 10-day notice of
intention to abate and remove the vehicle or part thereof as a public
nuisance be issued, unless the property owner and the owner of the
vehicle have signed releases authorizing removal and waiving further
interest in the vehicle or part thereof. However, the notice of
intention is not required for removal of a vehicle or part thereof
that is inoperable due to the absence of a motor, transmission, or
wheels and incapable of being towed, is valued at less than two
hundred dollars ($200) by a person specified in Section 22855, and is
determined by the local agency to be a public nuisance presenting an
immediate threat to public health or safety, provided that the
property owner has signed a release authorizing removal and waiving
further interest in the vehicle or part thereof. Prior to final
disposition under Section 22662 of such a low-valued vehicle or part
for which evidence of registration was recovered pursuant to
subdivision (a), the local agency shall provide notice to the
registered and legal owners of intent to dispose of the vehicle or
part, and if the vehicle or part is not claimed and removed within 12
days after the notice is mailed, from a location specified in
Section 22662, final disposition may proceed. No local agency or
contractor thereof shall be liable for damage caused to a vehicle or
part thereof by removal pursuant to this section.
This subdivision applies only to inoperable vehicles located upon
a parcel that is (1) zoned for agricultural use or (2) not improved
with a residential structure containing one or more dwelling units.
(d) The 10-day notice of intention to abate and remove a vehicle
or part thereof, when required by this section, shall contain a
statement of the hearing rights of the owner of the property on which
the vehicle is located and of the owner of the vehicle. The
statement shall include notice to the property owner that he or she
may appear in person at a hearing or may submit a sworn written
statement denying responsibility for the presence of the vehicle on
the land, with his or her reasons for such denial, in lieu of
appearing. The notice of intention to abate shall be mailed, by
registered or certified mail, to the owner of the land as shown on
the last equalized assessment roll and to the last registered and
legal owners of record unless the vehicle is in such condition that
identification numbers are not available to determine ownership.
(e) The requirement that a public hearing be held before the
governing body of the city, county, or city and county, or any other
board, commissioner, or official of the city, county, or city and
county as designated by the governing body, upon request for such a
hearing by the owner of the vehicle or the owner of the land on which
the vehicle is located. This request shall be made to the
appropriate public body, agency, or officer within 10 days after the
mailing of notice of intention to abate and remove the vehicle or at
the time of signing a release pursuant to subdivision (c). If the
owner of the land on which the vehicle is located submits a sworn
written statement denying responsibility for the presence of the
vehicle on his or her land within that time period, this statement
shall be construed as a request for hearing that does not require the
presence of the owner submitting the request. If the request is not
received within that period, the appropriate public body, agency, or
officer shall have the authority to remove the vehicle.
(f) The requirement that after a vehicle has been removed, it
shall not be reconstructed or made operable, unless it is a vehicle
that qualifies for either horseless carriage license plates or
historical vehicle license plates, pursuant to Section 5004, in which
case the vehicle may be reconstructed or made operable.
(g) A provision authorizing the owner of the land on which the
vehicle is located to appear in person at the hearing or present a
sworn written statement denying responsibility for the presence of
the vehicle on the land, with his or her reasons for the denial. If
it is determined at the hearing that the vehicle was placed on the
land without the consent of the landowner and that he or she has not
subsequently acquiesced to its presence, then the local authority
shall not assess costs of administration or removal of the vehicle
against the property upon which the vehicle is located or otherwise
attempt to collect those costs from the owner.
22662. Vehicles or parts thereof may be disposed of by removal to a
scrapyard, automobile dismantler's yard, or any suitable site
operated by a local authority for processing as scrap, or other final
disposition consistent with subdivision (e) of Section 22661. A
local authority may operate such a disposal site when its governing
body determines that commercial channels of disposition are not
available or are inadequate, and it may make final disposition of
such vehicles or parts, or the local agency may transfer such vehicle
or parts to another, provided such disposal shall be only as scrap.
22663. Any ordinance adopted pursuant to Section 22660 shall
provide for administration of the ordinance by regularly salaried
full-time employees of the city, county, or city and county, except
that the removal of vehicles or parts thereof from property may be by
any other duly authorized person. Any such authorized person may
enter upon private property for the purposes specified in the
ordinance to examine a vehicle or parts thereof, obtain information
as to the identity of a vehicle, and remove or cause the removal of a
vehicle or part thereof declared to be a nuisance pursuant to the
ordinance.
22664. Any licensed dismantler or commercial enterprise acquiring
vehicles removed pursuant to such ordinance shall be excused from the
reporting requirements of Section 11520; and any fees and penalties
which would otherwise be due the Department of Motor Vehicles are
hereby waived, provided that a copy of the resolution or order
authorizing disposition of the vehicle is retained in the dismantler'
s or commercial enterprise's business records.
22665. Notwithstanding Section 22710 or any other provision of law,
the department may, at the request of a local authority, other than
a service authority, administer on behalf of the authority its
abandoned vehicle abatement and removal program established pursuant
to Section 22660.
22666. Whenever the department is administering a program pursuant
to Section 22665, it shall by regulation establish procedures for the
abatement and removal of vehicles that are identical to the
requirements specified in Section 22661, except that the department
shall provide by agreement with the requesting local authority for
the conduct of a public hearing pursuant to subdivision (d) of
Section 22661 by the local authority and for the reimbursement of the
department for its costs of administration and removal which the
local authority is authorized to recover from the property owner
pursuant to Section 22660. Such regulations shall also provide for
the administration of the regulations by regularly salaried,
full-time personnel of the department, except that the removal of
vehicles or parts thereof from property may be done by any other duly
authorized person. Any such person may enter upon private property
for the purposes specified in the regulations to examine a vehicle or
parts thereof, obtain information as to the identity of a vehicle,
and remove or cause the removal of a vehicle or part thereof declared
to be a nuisance pursuant to the regulations.
The provisions of Sections 22662 and 22664 shall also apply to any
vehicle removed by the department.
22667. In establishing procedures for the abatement and removal of
abandoned vehicles, the department shall give priority to the removal
of abandoned vehicles from corridors of the state highway system,
from public lands and parks, and from river and wildlife areas.
22668. No local authority whose abandoned vehicle abatement and
removal program is administered pursuant to Section 22665 shall be
eligible for any disbursement from the Abandoned Vehicle Trust Fund
pursuant to Section 22710.
22669. (a) Any peace officer, as that term is defined in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code, or any other employee of the state, county, or city designated
by an agency or department of the state or the board of supervisors
or city council to perform this function, in the territorial limits
in which the officer or employee is authorized to act, who has
reasonable grounds to believe that the vehicle has been abandoned, as
determined pursuant to Section 22523, may remove the vehicle from a
highway or from public or private property.
(b) Any person performing a franchise or contract awarded pursuant
to subdivision (a) of Section 22710, may remove a vehicle from a
highway or place to which it has been removed pursuant to subdivision
(c) of Section 22654 or from public or private property, after a
determination by a peace officer, as that term is defined in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code, or other designated employee of the state, county, or city in
which the vehicle is located that the vehicle is abandoned, as
determined pursuant to Section 22523.
(c) A state, county, or city employee, other than a peace officer
or employee of a sheriff's department or a city police department,
designated to remove vehicles pursuant to this section may do so only
after he or she has mailed or personally delivered a written report
identifying the vehicle and its location to the office of the
Department of the California Highway Patrol located nearest to the
vehicle.
(d) Motor vehicles which are parked, resting, or otherwise
immobilized on any highway or public right-of-way and which lack an
engine, transmission, wheels, tires, doors, windshield, or any other
part or equipment necessary to operate safely on the highways of this
state, are hereby declared a hazard to public health, safety, and
welfare and may be removed immediately upon discovery by a peace
officer or other designated employee of the state, county, or city.
22670. For lien sale purposes, the public agency causing the
removal of the vehicle shall determine if the estimated value of the
vehicle that has been ordered removed, towed, or stored is three
hundred dollars ($300) or less, over three hundred dollars ($300) but
four thousand dollars ($4,000) or less, or over four thousand
dollars ($4,000).
If the public agency fails or refuses to put a value on, or to
estimate the value of, the vehicle within three days after the date
of removal of the vehicle, the garage keeper specified in Section
22851 or the garage keeper's agent shall determine, under penalty of
perjury, if the estimated value of the vehicle that has been ordered
removed, towed, or stored, is three hundred dollars ($300) or less,
over three hundred dollars ($300) but four thousand dollars ($4,000)
or less, or over four thousand dollars ($4,000).
22671. A local authority may either issue a franchise or execute a
contract for the removal of abandoned vehicles in accordance with the
provisions of this chapter.
22710. (a) A service authority for the abatement of abandoned
vehicles may be established, and a one dollar ($1) vehicle
registration fee imposed, in any county if the board of supervisors
of the county, by a two-thirds vote, and a majority of the cities
having a majority of the incorporated population within the county
have adopted resolutions providing for the establishment of the
authority and imposition of the fee. The membership of the authority
shall be determined by concurrence of the board of supervisors and a
majority vote of the majority of the cities within the county having
a majority of the incorporated population.
(b) The authority may contract and may undertake any act
convenient or necessary to carry out any law relating to the
authority. The authority shall be staffed by existing personnel of
the city, county, or county transportation commission.
(c) (1) Notwithstanding any other provision of law, a service
authority may adopt an ordinance establishing procedures for the
abatement, removal, and disposal, as public nuisances, of any
abandoned, wrecked, dismantled, or inoperative vehicles or parts
thereof from private or public property; and for the recovery,
pursuant to Section 25845 or 38773.5 of the Government Code, or
assumption by the service authority, of costs of administration and
that removal and disposal. The actual removal and disposal of
vehicles shall be undertaken by an entity that may be a county or
city or the department, pursuant to contract with the service
authority as provided in this section.
(2) The money received by an authority pursuant to Section 9250.7
and this section shall be used only for the abatement, removal, and
disposal as public nuisances of any abandoned, wrecked, dismantled,
or inoperative vehicles or parts thereof from private or public
property.
(d) (1) An abandoned vehicle abatement program and plan of a
service authority shall be implemented only with the approval of the
county and a majority of the cities having a majority of the
incorporated population.
(2) The department shall provide guidelines for abandoned vehicle
abatement programs. An authority's abandoned vehicle abatement plan
and program shall be consistent with those guidelines, and shall
provide for, but not be limited to, an estimate of the number of
abandoned vehicles, a disposal and enforcement strategy including
contractual agreements, and appropriate fiscal controls.
The department's guidelines provided pursuant to this paragraph
shall include, but not be limited to, requiring each service
authority receiving funds from the Abandoned Vehicle Trust Fund to
report to the Controller on an annual basis pursuant to subdivision
(c) of Section 9250.7, in a manner prescribed by the department, and
pursuant to an approved abandoned vehicle abatement program. The
report shall be submitted to the Controller not later than 90
calendar days following the end of the previous quarter.
(3) After a plan has been approved pursuant to paragraph (1), the
service authority shall, not later than August 1 of the year in which
the plan was approved, submit it to the department for review, and
the department shall, not later than October 1 of that same year,
either approve the plan as submitted or make recommendations for
revision. After the plan has received the department's approval as
being consistent with the department's guidelines, the service
authority shall, not later than January 1 of the following year,
submit it to the Controller.
(4) Except as provided in subdivision (e), the Controller shall
make no allocations for a calendar year to a service authority for
which an approved plan was not received on or before January 1 of
that year, or when a county has failed to provide its annual report
as required in paragraph (2).
(5) No governmental agency shall receive any funds from a service
authority for the abatement of abandoned vehicles pursuant to an
approved abandoned vehicle abatement program unless the governmental
agency has submitted an annual report to the service authority
stating the manner in which the funds were expended, and the number
of vehicles abated. The governmental agency shall receive that
percentage of the total funds collected by the service authority that
is equal to its share of the formula calculated pursuant to
paragraph (6).
(6) Each service authority shall calculate a formula for
apportioning funds to each governmental agency that receives funds
from the service authority and submit that formula to the Controller
with the annual report required pursuant to paragraph (2). The
formula shall apportion 50 percent of the funds received by the
service authority to a governmental agency based on the percentage of
vehicles abated by that governmental agency of the total number of
abandoned vehicles abated by all member agencies, and 50 percent
based on population and geographic area, as determined by the service
authority. When the formula is first submitted to the Controller,
and each time the formula is revised thereafter, the service
authority shall include a detailed explanation of how the service
authority determined the apportionment between per capita abatements
and service area.
(7) Notwithstanding any other provision of this subdivision, the
Controller may allocate to the service authority in the County of
Humboldt the net amount of the abandoned vehicle abatement funds
received from the fee imposed by that authority, as described in
subdivision (b) of Section 9250.7, for calendar years 2000 and 2001.
(e) Any plan that has been submitted to the Controller pursuant to
subdivision (d) may be revised pursuant to the procedure prescribed
in that subdivision, including compliance with any dates described
therein for submission to the department and the Controller,
respectively, in the year in which the revisions are proposed.
Compliance with that procedure shall only be required if the
revisions are substantial. A service authority that is newly formed
and has not complied with subdivision (d) may so comply after the
dates specified in subdivision (d) by submitting an approved plan on
or before those dates in the year in which the plan is submitted.
(f) For purposes of this section, "abandoned vehicle abatement"
means the removal of a vehicle from public or private property by
towing or any other means after the vehicle has been marked as
abandoned by an official of a governmental agency that is a member of
the service authority.
(g) A service authority shall cease to exist on the date that all
revenues received by the authority pursuant to this section and
Section 9250.7 have been expended.
22711. Notwithstanding any other provision of law, the California
Highway Patrol, any city, county, or city and county which has an
abandoned vehicle abatement program, and any service authority
established under Section 22710, upon satisfying all applicable
reporting requirements provided in this chapter, may, with the
consent of the Director of Corrections, transport any abandoned
vehicle to, and dispose of any abandoned vehicle at, any institution
under the jurisdiction of the director which has a program
established pursuant to Section 2813.5 of the Penal Code.
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