Chapter 10.52
VEHICLE REMOVAL

Sections:

10.52.010    By police.

10.52.020    By other employee.

10.52.010 By police.

A.    Any regularly employed and salaried officer or reserve police officer of the police department of this city may remove or cause to be removed:

1.    Any vehicle that has been parked or left standing upon a street or highway for seventy-two or more consecutive hours. For purposes of this section, a vehicle shall be considered to have been parked for seventy-two or more consecutive hours if it has been inoperable or has not moved one-tenth of a mile or more during the seventy-two hour period. An inoperable vehicle is a vehicle that cannot be moved under its own power or a vehicle that cannot operate safely and legally on the highways of the state. Pushing or moving a vehicle a short distance or attempting to rub away the tire marking will not be considered compliance with this section. The mileage reflected on the odometer of the vehicle shall be presumed to be the accurate indication of the distance that the vehicle has or has not been moved. Obstruction of the odometer of the vehicle will result in a presumption that the vehicle has not been moved;

2.    Any vehicle which is parked or left standing upon a street or highway between the hours of seven a.m. and seven p.m. when such standing or parking is prohibited by ordinance or resolution of this city and signs are posted giving notice of such removal;

3.    Any vehicle which is parked or left standing upon a street or highway when the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or for the installation of underground utilities, or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicles would prohibit or interfere with such use or movement; provided, that signs giving notice that such vehicle may be removed are erected and placed at least twenty-four hours prior to the removal.

B.    In the event any officer of the police department of this city removes or causes to be removed for storage in the nearest garage or other storage place of safety any vehicle parked or left standing in violation of this title, such officer shall give notices provided for in Section 22852 et seq. of the California Vehicle Code. The keeper of any garage in which any such vehicle is stored may have a lien thereon for his compensation for towage and storage and safekeeping of such vehicle and may satisfy such lien pursuant to the provisions of the Vehicle Code and Civil Code. (Ord. 518 § 1 (part), 2005; Ord. 446 § 1, 1997: Ord. 79 § 1 (part), 1973: prior code § 9-1600)

10.52.020 By other employee.

A.    Any regularly employed and salaried employee of this city who is engaged in the direction of traffic, enforcement of municipal codes, or the enforcement of parking regulations when designated by the chief of police of this city may remove a vehicle from a highway, except a freeway, under the following circumstances:

1.    Any vehicle that has been parked or left standing upon a street or highway for seventy-two or more consecutive hours. For purposes of this section, a vehicle shall be considered to have been parked for seventy-two or more consecutive hours if it has been inoperable or has not moved one-tenth of a mile or more during the seventy-two hour period. An inoperable vehicle is a vehicle that cannot be moved under its own power or a vehicle that cannot operate safely and legally on the highways of the state. Pushing or moving a vehicle a short distance or attempting to rub away the tire marking will not be considered compliance with this section. The mileage reflected on the odometer of the vehicle shall be presumed to be the accurate indication of the distance that the vehicle has or has not been moved. Obstruction of the odometer of the vehicle will result in a presumption that the vehicle has not been moved;

2.    Any vehicle which is parked or left standing upon a street or highway between the hours of seven a.m. and seven p.m. when such standing or parking is prohibited by ordinance or resolution of this city and signs are posted giving notice of such removal;

3.    Any vehicle which is parked or left standing upon a street or highway when the use of such street or highway or a portion thereof is necessary for the cleaning, repair or construction of the street or highway or for the installation of underground utilities, or where the use of the street or highway or any portion thereof is necessary for the movement of equipment, articles or structures of unusual size, and the parking of such vehicles would prohibit or interfere with such use or movement; provided, that signs giving notice that such vehicle may be removed are erected and placed at least twenty-four hours prior to the removal.

B.    In the event any regularly employed and salaried employee of this city who is engaged in the direction of traffic, enforcement of municipal codes, or the enforcement of parking regulations when designated by the chief of police of this city, removes or causes to be removed for storage in the nearest garage or other storage place of safety any vehicle parked or left standing in violation of this title, such officer shall give notices provided for in Section 22852 et. seq. of the California Vehicle Code. The keeper of any garage in which any such vehicle is stored may have a lien thereon for his compensation for towage and storage and safekeeping may satisfy such lien pursuant to the provisions of the Vehicle Code and Civil Code. (Ord. 518 § 1 (part), 2005; Ord. 446 § 2, 1997: Ord. 79 § 1 (part), 1973: prior code § 9-1601)