Am I entitled to my property in my vehicle that was towed if I have a release authorization form?
Full Question:
Answer:
The following is a CA statute:
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.
22651.05. (a) A trained volunteer of a state or local law
enforcement agency, 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 or authorize
the removal of a vehicle located within the territorial limits in
which an officer or employee of that agency may act, under any of the
following circumstances:
(1) When a vehicle is parked or left standing upon a highway for
72 or more consecutive hours in violation of a local ordinance
authorizing the removal.
(2) When a vehicle is illegally parked or left standing on a
highway in violation of a 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.
(3) Wherever the use of the highway, or a 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 a 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.
(4) Whenever a vehicle is parked or left standing where local
authorities, by resolution or ordinance, have prohibited parking and
have authorized the removal of vehicles. A vehicle may not be
removed unless signs are posted giving notice of the removal.
(5) Whenever a vehicle is parked for more than 24 hours on a
portion of highway that 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.
(b) The provisions of this chapter that apply to a vehicle removed
pursuant to Section 22651 apply to a vehicle removed pursuant to
subdivision (a).
(c) For purposes of subdivision (a), a "trained volunteer" is a
person who, of his or her own free will, provides services, without
any financial gain, to a local or state law enforcement agency, and
who is duly trained and certified to remove a vehicle by a local or
state law enforcement agency.
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. (a) A 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.
(b) A member of the department may impound a vehicle and its cargo
pursuant to Section 34518.
(c) A member of the department may store or impound a vehicle upon
determination that the registrant of the vehicle or the driver of
the vehicle has failed to pay registration, regulatory, fuel permit,
or other fees, or has an outstanding warrant in a county in the
state. The impoundment charges are the responsibility of the owner of
the vehicle. The stored or impounded vehicle shall be released upon
payment of those fees or fines or the posting of bail. The driver or
owner of the vehicle may request a hearing to determine the validity
of the seizure.
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. (a) In addition to, or as an alternative to, removal, a
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, or a 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
public lands and it is known to have been issued five or more
notices of parking violations that 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:
(1) Evidence of his or her identity.
(2) An address within this state at which he or she can be
located.
(3) Satisfactory evidence that the full amount of parking
penalties has been deposited for all notices of parking violation
issued for the vehicle and any other vehicle 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 this paragraph 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.
(b) A person, other than a person authorized under subdivision
(a), shall not immobilize a vehicle.
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.
22651.10. (a) (1) Notwithstanding any other provision of law, when
a peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, arrests a person for an
alleged violation of Section 23152 or 23153, and the person has one
or more prior convictions within the past 10 years for a violation of
Section 23103, as specified in Section 23103.5, or of Section 23140,
23152, or 23153, or of Section 191.5 of, or of paragraph (3) of
subdivision (c) of Section 192 of, the Penal Code, the peace officer
may cause the removal and seizure of the motor vehicle driven by that
person in the commission of that offense in accordance with this
chapter.
(2) A motor vehicle seized under paragraph (1) may be impounded
for not more than 30 days.
(3) The seizure and impoundment of a motor vehicle under
paragraphs (1) and (2) shall be undertaken only if the county
participates in a program that combines that seizure and impoundment
with an intervention and a referral to a driving-under-the-influence
program licensed under Section 11836 of the Health and Safety Code
immediately upon the arrest or arraignment of the person described in
paragraph (1) or upon the delivery of that person to a medical
facility for treatment of any injuries.
(b) (1) The intervention shall be performed by a certified alcohol
and drug addiction counselor.
(2) The county participating in the program established under this
section shall pay for the cost of the intervention, and no part of
that cost shall be passed on to the defendant.
(c) The registered and legal owner of a vehicle that is removed
and seized under subdivision (a) or their agents shall be provided
the opportunity for a storage hearing to determine the validity of
the storage in accordance with Section 22852.
(d) (1) Notwithstanding this chapter or any other provision of
law, an impounding agency shall release a motor vehicle to the
registered owner or his or her agent prior to the conclusion of the
impoundment period described in subdivision (a) under any of the
following circumstances:
(A) If the motor vehicle is a stolen motor vehicle.
(B) If the driver was not the sole registered owner of the vehicle
and the impoundment of the vehicle would cause a hardship on the
other registered owner or his or her family.
(C) If the person alleged to have violated Section 23152 or 23153
was not authorized by the registered owner of the motor vehicle to
operate the motor vehicle at the time of the commission of the
offense.
(D) If the registered owner of the motor vehicle was neither the
driver nor a passenger of the vehicle at the time of the alleged
violation of Section 23152 or 23153, or was unaware that the driver
was using the vehicle to engage in the unlawful activity described in
Section 23152 or 23153.
(E) If the legal owner or registered owner of the motor vehicle is
a rental car agency.
(F) If, prior to the conclusion of the impoundment period, a
citation or notice is dismissed under Section 40500, criminal charges
are not filed by the district attorney because of a lack of
evidence, or the charges are otherwise dismissed by the court.
(2) A motor vehicle shall be released pursuant to this subdivision
only if the registered owner or his or her agent presents a
currently valid driver's license to operate the vehicle and proof of
current vehicle registration, or if ordered by a court.
(3) If, pursuant to subparagraph (F) of paragraph (1) a motor
vehicle is released prior to the conclusion of the impoundment
period, neither the person charged with a violation of Section 23152
or 23153 nor the registered owner of the motor vehicle is responsible
for towing and storage charges nor shall the motor vehicle be sold
to satisfy those charges.
(e) A motor vehicle seized and removed under subdivision (a) shall
be released to the legal owner of the vehicle, or the legal owner's
agent, on or before the 30th day of impoundment if all of the
following conditions are met:
(1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state, or is another person, not the
registered owner, holding a security interest in the vehicle.
(2) The legal owner or the legal owner's agent pays all towing and
storage fees related to the impoundment of the vehicle. Lien sale
processing fees shall not be charged to a legal owner who redeems the
vehicle on or before the 15th day of impoundment.
(3) The legal owner or the legal owner's agent presents
foreclosure documents or an affidavit of repossession for the
vehicle.
(f) (1) The registered owner or his or her agent is responsible
for all towing and storage charges related to the impoundment, and
any administrative charges authorized under Section 22850.5.
(2) Notwithstanding paragraph (1), if the person is convicted of a
violation of Section 23152 or 23153 and was not authorized by the
registered owner of the motor vehicle to operate the motor vehicle at
the time of the commission of the offense, the court shall order the
convicted person to reimburse the registered owner for towing and
storage charges related to the impoundment, and administrative
charges authorized under Section 22850.5 incurred by the registered
owner to obtain possession of the vehicle, unless the court finds
that the person convicted does not have the ability to pay all or
part of those charges.
(3) If the vehicle is a rental vehicle, the rental car agency may
require the person to whom the vehicle was rented to pay all towing
and storage charges related to the impoundment and any administrative
charges authorized under Section 22850.5 that were incurred by the
rental car agency in connection with obtaining possession of the
vehicle.
(4) The owner is not liable for towing and storage charges related
to the impoundment if acquittal or dismissal occurs. A county
implementing an impoundment program under this section shall
establish a process for the immediate return of all payments made by
the defendant relating to the impoundment upon the acquittal of the
defendant or dismissal of the case.
(5) The vehicle may not be sold prior to the defendant's
conviction.
(6) (A) The impounding agency is responsible for the actual costs
incurred by the towing agency as a result of the impoundment should
the registered owner be absolved of liability for those charges
pursuant to paragraph (3) of subdivision (d).
(B) Notwithstanding subparagraph (A), nothing shall prohibit an
impounding agency from making prior payment arrangements to satisfy
the requirement described in subparagraph (A).
(g) On or before January 1, 2009, the county shall report to the
Legislature regarding the effectiveness of the pilot program
authorized under this section in reducing the number of first-time
violations and repeat offenses of Section 23152 or 23153 in the
county.
(h) This section applies only to the County of Sacramento and only
if the Board of Supervisors of Sacramento County enacts an ordinance
or resolution authorizing the implementation of the pilot program in
the county.
(i) This section shall be implemented only to the extent that
funds from private or federal sources are available to fund the
program.
(j) This section shall remain operative only until January 1,
2009.
(k) This section shall remain in effect only until January 1, 2010,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2010, deletes or extends that date.
22652. (a) A 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 disabled 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 is
notified.
(b) 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) 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.
(c) This section does not limit or affect any right or remedy that
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 a person causing
the removal of, or removing, the vehicle.
(e) (1) 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 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).
(2) A property owner or owner's agent or lessee who causes the
removal of a vehicle parked on that property pursuant to the
exemption set forth in subparagraph (A) of paragraph (1) of
subdivision (l) and fails to comply with that subdivision is guilty
of an infraction, punishable by a fine of one thousand dollars
($1,000).
(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.
(g) (1) (A) Possession of a vehicle under this section shall be
deemed to arise when a vehicle is removed from private property and
is in transit.
(B) Upon the request of the owner of the vehicle or that owner's
agent, the towing company or its driver shall immediately and
unconditionally release a vehicle that is not yet removed from the
private property and in transit.
(C) A person failing to comply with subparagraph (B) is guilty of
a misdemeanor.
(2) If a vehicle is released to a person in compliance with
subparagraph (B) of paragraph (1), the vehicle owner or authorized
agent shall immediately move that vehicle to a lawful location.
(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, the owner's agent, or the person in lawful
possession of the private property pursuant to this section if the
owner of the vehicle or the vehicle owner's agent returns to the
vehicle after the vehicle is coupled to the tow truck by means of a
regular hitch, coupling device, drawbar, portable dolly, or is lifted
off the ground by means of a conventional trailer, and 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) A charge for towing or storage, or both, of a vehicle
under this section is excessive if the charge exceeds the greater of
the following:
(i) That which would have been charged for that towing or storage,
or both, made at the request of a law enforcement agency under an
agreement between a towing company and the law enforcement agency
that exercises primary jurisdiction in the city in which is located
the private property from which the vehicle was, or was attempted to
be, 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 the private property is located.
(ii) That which would have been charged for that towing or
storage, or both, under the rate approved for that towing operator by
the California Highway Patrol for the jurisdiction in which the
private property is located and from which the vehicle was, or was
attempted to be, removed.
(B) A towing operator shall make available for inspection and
copying his or her rate approved by the California Highway Patrol, if
any, with in 24 hours of a request without a warrant to law
enforcement, the Attorney General, district attorney, or city
attorney.
(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 a 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) (1) A person who charges a vehicle owner a towing, service, or
storage charge at an excessive rate, as described in subdivision (h)
or (i), is civilly liable to the vehicle owner for four times the
amount charged.
(2) A person who knowingly charges a vehicle owner a towing,
service, or storage charge at an excessive rate, as described in
subdivision (h) or (i), or who fails to make available his or her
rate as required in subparagraph (B) of paragraph (1) of subdivision
(i), is guilty of a misdemeanor, punishable by a fine of not more
than two thousand five hundred dollars ($2,500), or by imprisonment
in the co
