Note: Prior history: Ord. 82-O-105.
The following words and phrases, when used in this chapter,
shall be construed as herein set forth, unless it is apparent from
the context that a different meaning is intended.
means a way or place of whatever nature, publicly maintained
and open to the use of the public for purposes of vehicular travel.
"Highway" includes street.
means any privately owned and operated service whereby vehicles
are towed or otherwise removed from one location to another.
means any storage facility which provides to the public the
service of storing or holding vehicles.
(Ord. 82-O-123, 1982)
No person, association, firm or corporation shall engage in, conduct or carry on the business of towing or impounding vehicles from public or private property located within the city, without first having obtained a valid business license from the city pursuant to Chapter 6.04 of this code. Further, nothing herein shall constitute a waiver of any regulation or requirement set forth in this code where deemed applicable to such person, association, firm or corporation by the city.
(Ord. 82-O-123, 1982)
It is unlawful for any private tow service to tow, impound or
otherwise remove any vehicle from a highway or public property except
as follows:
(1)
At
the request and with the consent of the owner or person in lawful
possession of the vehicle to be removed, or;
(2)
At the request and direction of 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 any regularly employed and salaried employee of the city who is engaged in directing traffic or enforcing parking laws and regulations.
(Ord. 82-O-123, 1982)
It is unlawful for any private tow service to tow, impound or
otherwise remove any vehicle from private property located in the
city except as follows:
(1)
At
the request and with the consent of the owner or person in lawful
possession Of the vehicle to be removed, or;
(2)
At the request and direction of 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 any regularly employed and salaried employee of the city who is engaged in directing traffic or enforcing parking laws and regulations, or;
(3)
At the request of the owner or person in lawful possession of the property from which the vehicle is to be removed, pursuant to Section 22511.8, Removal of Unauthorized Vehicles from Disabled Persons' Designated Parking Areas, or Section 22658(a), Removal from Private Property, of the California Vehicle Code; providing, however, that prior to any such removal the owner or person requesting removal has complied with all of the requirements of Sections 6.80.050 and 6.80.060 of this chapter, or;
(4)
Pursuant to the provisions of Section 6.80.080 of this chapter.
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A vehicle, owned by or in the lawful possession of a person
who has the right to enter and/or remain upon the property of another,
pursuant to a rental, lease or other lawful agreement, which has been
parked in violation of private rules or regulations established by
the property owner or person in lawful possession thereof, shall not
be considered in violation of Section 22658(a) of the California Vehicle
Code. Removal of such a vehicle shall not be made pursuant to Section
6.80.030(3) of this chapter.
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(Ord. 82-O-123, 1982)
The owner or person in lawful possession of private property shall not authorize, nor shall any private tow service engage in, the removal of a vehicle pursuant to Section 6.80.040(3) unless the private property has displayed all of the required warning signs as follows:
(1)
If
the vehicle is to be removed pursuant to the provisions of the California
Vehicle Code Section 22511.8, Removal of Unauthorized Vehicles from
Disabled Person's Designated Parking Areas, the area from which
the vehicle is to be removed must be posted as required by that section.
(2)
If
the vehicle is to be removed pursuant to the provisions of California
Vehicle Code Section 22658(a) (Removal from Private Property), the
private property must have at each and every entrance and exit, in
a conspicuous place free from obstructions and placed at a minimum
height of four feet and a maximum height of eight feet six inches
above ground level, a sign not less than 17 by 22 inches in size with
lettering not less than one inch in height and which contains the
following message:
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PRIVATE PROPERTY
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NO PUBLIC PARKING
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UNAUTHORIZED VEHICLES SUBJECT TO TOW-AWAY
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PLACENTIA P.D. TELEPHONE: 993-8164
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The words "Private Property" must be printed in
red on a white background.
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(Ord. 82-O-123, 1982; Ord. 93-O-119 § 1, 1993)
Prior to authorizing a private tow service to remove any vehicle
not his own or otherwise in his lawful possession from private property,
the owner or person in lawful possession of the private property from
which the vehicle is to be removed shall notify the Placentia police
department and provide all of the following:
(1)
The
name, address and telephone number of the person authorizing the removal
of the vehicle;
(2)
The
location of the property from which the vehicle is to be removed;
(3)
The
name, address and telephone number of the location where the vehicle
is to be stored;
(4)
The
license number, model and color of the vehicle to be removed;
(5)
The
reason for the removal of the vehicle.
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If requested to do so by the on-duty watch commander of the
Placentia police department, the person authorizing the removal shall
delay any and all action by the private tow service until such time
as an officer of the police department may respond to the location
from which the vehicle is to be stored. In all cases, prior to removing
a vehicle from private property, the tow service operator shall insure
that the Placentia police department has been notified in accordance
with this section.
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(Ord. 82-O-123, 1982)
When any vehicle is removed from private property at the request and upon the authorization of a person other than the owner or person in lawful possession of the vehicle, 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 a regular employed and salaried employee of the city, the vehicle to be removed shall be taken to the nearest public garage for storage. For the purposes of this section, the "nearest public garage" is defined as the closest public storage facility to the private property from which the vehicle has been removed.
(Ord. 82-O-123, 1982)
As stipulated in Section 6.80.040, a vehicle owned by or in the lawful possession of a person who has the right to enter and/or remain upon the property of another pursuant to a rental, lease or other lawful agreement, may not be removed by the owner or person in lawful possession of said property under the provisions of the California Vehicle Code Section 22658(a) and/or Section 6.80.040(3) of this chapter. However, such a vehicle, when parked in violation of private rules and regulations established by the property owner or person in lawful possession thereof, may be removed providing all of the following requirements have been met:
(1)
The
rental, lease or other lawful agreement between the involved parties
must contain a statement whereby the property owner or his agent may
remove a vehicle as a remedy to violations of the privately established
parking rules and regulations.
(2)
Rules
and regulations controlling the parking of vehicles upon the property
must be established in writing with a complete copy provided to each
lessee given access to the property pursuant to a rental, lease or
other lawful agreement. Further, the property owner or his agent must
notify, in writing, each lessee of any and all changes in or modification
of the parking rules and regulations as they may occur. The lessee
shall be responsible for notifying his employees or agents of the
parking rules.
(3)
The owner or person in lawful possession of private property authorizing the removal of a vehicle pursuant to this section must comply with the requirements of Section 6.80.060, Police notification required, Section 6.80.070, Location of storage facility and Section 6.80.090, Notification to registered and legal owner, of this chapter.
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Where a rental, lease or other lawful agreement exists between the property owner and the operator of a vehicle prior to the effective date of this chapter, said vehicle may be removed pursuant to the provision of this section, providing: (1) that the property owner or his agent has notified in writing the vehicle operator of his intent to use removal as a remedy to violations of the privately established parking rules and regulations, (2) that the provisions of subsections (2) and (3) of this section have been met, and (3) that the existing rental, lease or other lawful agreement does not specifically exclude removal as a remedy to such violations.
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(Ord. 82-O-123, 1982; Ord. 93-O-119 § 2, 1993)
Every person authorizing the removal of any vehicle not his
own or otherwise in his lawful possession, must comply with any and
all requirements of law as they pertain to the notification of the
registered and legal owner of the vehicle to be stored.
(Ord. 82-O-123, 1982)
Every person who wilfully violates any provision of this chapter
shall be guilty of a misdemeanor; further, violations of the provisions
of this chapter committed by an individual owner, employee of the
owner, operator or employee of the operator, of a private tow service
shall be considered just cause for the revocation of the business
license held by the private tow service.
(Ord. 82-O-123, 1982)
