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(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:
(a) 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.
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