Any regularly employed officer of the police department of the
city may remove or cause to be removed:
A.
Any
vehicle that has been parked upon a street or highway for 72 or more
consecutive hours.
B.
Any
vehicle which is parked upon a street or highway between the hours
of 7:00 a.m. and 12:00 midnight when such parking is prohibited by
ordinance or resolution of the city and signs are posted giving notice
of such removal pursuant to resolution.
C.
Any
vehicle which is parked upon a street or highway where 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 authorized for a purpose other than the
normal flow of traffic 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 vehicle would
prohibit or interfere with such use or movement; provided, that signs
giving notice that such vehicle may be removed are erected or placed
at least 24 hours prior to the removal.
D.
Any
vehicle found or operated in violation of Section 22651(o), 22651(p),
or 14602.6 of the Vehicle Code.
(Prior code § 5-4.01; Ord. 1526 §§ 1,2, 1991; Ord. 1828 § 1, 2001; Ord.
1844 § 3, 2001)
No person who owns or has possession, custody or control of
any vehicle shall park such vehicle upon any street or alley for more
than a consecutive period of 72 hours.
(Prior code § 5-4.02)
Before any lien attaches for towing and storage costs as a result
of a vehicle being towed under the authority of the Vehicle Code or
this title, the owner or person in charge of such vehicle (hereinafter
called "owner") shall have the right to a hearing on the factual basis
of the tow. The hearing must be requested no later than five days
from the date that the vehicle was towed unless owner shows good cause
to hold the hearing at a later date.
(Prior code § 5-4.05)
For the purposes of this chapter, the chief of police shall
designate certain police officers to serve as hearing officers. Hearing
officers shall be available on a 24-hour basis and shall be of a rank
greater than the officer or police employee who ordered the tow to
be made.
(Prior code § 5-4.06; Ord. 1828 § 1, 2001)
The hearing provided for in this section shall be informal.
The person requesting the hearing shall explain the facts supporting
the claim that the vehicle was wrongfully or illegally towed.
(Prior code § 5-4.07)
If the hearing officer determines that the tow was wrongfully
or illegally conducted, the officer shall order the person having
custody of the vehicle to release it to the owner forthwith. The owner
shall be required to pay only those charges incurred due to unreasonable
delay in requesting the hearing.
(Prior code § 5-4.08)
If the hearing officer determines that the towing was wrongfully
or illegally ordered by a city employee, the city shall compensate
the person making the tow for reasonable costs incurred. The city
shall not be liable for costs incurred due to the unreasonable delay
of the owner in requesting a hearing or reclaiming the vehicle.
(Prior code § 5-4.09)
The decision of the hearing officer may be appealed to the city
manager or the city manager's designate during regular city business
hours. The decision of the city manager or the city manager's designate
shall be final.
(Prior code § 5-4.10; Ord. 1828 § 1, 2001)
Notice of the provisions of this chapter shall be given to all
persons seeking to reclaim their vehicles from the person towing and
storing the vehicles.
(Prior code § 5-4.11)
In addition to satisfying the other requirements of Section 22651 or 14602.6 of the Vehicle Code, as applicable, the owner of any vehicle towed pursuant to Section 11.40.010 of this chapter shall pay to the city an administrative fee as established by city council resolution. The owner shall pay this administrative fee prior to the release of the vehicle.
(Ord. 1526 § 1, 1991; Ord. 1828 § 1, 2001)
