Chapter 6. Parking on Private Property

Sec. 4-6.01 Prohibition Against Parking Vehicle on Private Property.

It is unlawful for any person to park a motor vehicle upon any private property, or upon property used for private parking purposes, without the consent of the owner of such property, the person entitled to the possession thereof for the time being or the authorized agent of either, provided that signs specifying conditions under which parking is permitted or prohibited shall have been posted in plain view at all entrances to such property. Such signs shall be twenty-two (22) inches by seventeen (17) inches, with one (1) inch letters, stating that illegally parked cars may be removed at the owner’s expense and also providing the telephone number of the Department of Public Safety Services. Such signs shall be approved both as to wording and posting by the Department of Public Safety Services. (Ord. 226 Div. 1, 1985)

Sec. 4-6.02 Issuance of Citation for Illegally Parked Vehicle.

Any police officer authorized to perform police duties in the City of Hercules may issue a citation to the owner or driver of any motor vehicle that has been parked or left standing on any private property, driveway, or private parking lot, or property used for private parking purposes, in violation of Section 46.01. The provisions of the Vehicle Code of the state shall be applicable in determining responsibility for such citation.

Sec. 4-6.03 Removal of Illegally Parked Vehicle.

Any police officer authorized to perform police duties in the City of Hercules, the owner of any private property, or the authorized agent of either, may remove or cause to be removed, any motor vehicle that has been parked or left standing on any private property, driveway or private parking lot or property used for private parking purposes in violation of Section 4-6.01.

Sec. 4-6.04 Removal to Garage or Place of Safety.

Any person referred to in Section 4-6.03 who removes any vehicle from any private property in the city is authorized to remove said vehicle to the nearest garage or other place of safety, or to a garage designated or maintained by the city.

Sec. 4-6.05 Notice to Owner.

Any person referred to in Section 4-6.03 who removed a vehicle from private property shall give notice to the owner of the motor vehicle as provided for and required by the Vehicle Code of the state.

Sec. 4-6.06 Garage Keeper Lien.

The keeper of any garage in which any vehicle is stored in accordance with the provisions of this chapter shall have a lien thereon for his compensation for towage, and for caring for and keeping safe such vehicle, and may satisfy such lien upon compliance with and under the conditions stated in the Vehicle Code of the state.

Sec. 4-6.07 Liability for Wrongful Removal of Vehicle.

If a vehicle removed from such private property was rightfully there, the person or persons who complained of the presence of such vehicle and/or the person or persons, other than a police officer who caused such vehicle to be removed shall be liable for any and all charges for towage, and for caring for and keeping safe such vehicle.

Sec. 4-6.08 Violation as Infraction.

It is an infraction for any person to violate the provisions of Section 4-6.01.