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HomeMy Public PortalAbout01-27-94 TRAFFIC & PARKING COMMISSIONq , a• AGENDA ITEMS FOR CONSIDERATION AT THE REGULAR MEETING OF THE LYNWOOD TRAFFIC AND PARKING COMMISSION TO BE HELD ON JANUARY 27, 1994 AT 6:00 P1M.R F C E 11t F D CITY OF LYNWOOD CITY CLERKS OFFICE OPENING CEREMONIES 1. CALL FOR ORDER - VICE CHAIRMAN EDWARD PACHECO 2. PLEDGE OF ALLEGIANCE 3. ACKNOWLEDGEMENT OF POSTING 4. ROLL CALL OF COMMISSIONERS EDMOND R. ARCHAMBAULT JOE DARYL BATTLE 1 WILLIAM CUNNINGHAM EDWARD PACHECO 5. APPROVAL OF MINUTES JAN 2 5 19 AM PM 7A9000102111213141516 t 6. SWEARING IN OF NEW TRAFFIC AND PARKING COMMISSIONER BY CITY CLERK RICK SANCHEZ SCHEDULED MATTERS 7. REQUEST FOR OVERWEIGHT /OVERSIZED VEHICLE STUDY. 8. REQUEST FOR A RED CURB ON FERNWOOD AVENUE EAST OF FIR STREET. 9. CONGESTION AT VARIOUS LOCATIONS SOUTH OF I -105 FREEWAY. 10. REQUEST FOR STOP SIGN AT LYNWOOD ROAD AND LINDBERGH AVENUE. 11. REQUEST FOR VACATION OF ALLEY EASEMENT, FIRST ALLEY EAST OF SECOND AVENUE FROM JOSEPHINE STREET TO THE I -105 FREEWAY. II I , r 12. REQUEST FOR VACATION OF ALLEY EASEMENT, FIRST ALLEY EAST OF THIRD AVENUE FROM .JOSEPHINE STREET TO THE I -105 FREEWAY. 13. REQUEST FOR VACATION OF ALLEY EASEMENT, FIRST ALLEY EAST OF EAST ALAMEDA STREET FROM 112TH STREET TO ALAMO COURT. PUBLIC ORAL COMMUNICATIONS INFORMATIONAL ITEMS COMMISSION ORAL COMMUNICATIONS ADJOURNMENT T94 -12 r 0 A REGULAR MEETING OF THE TRAFFIC AND PARKING COMMISSION OF THE CITY OF LYNWOOD DECEMBER 16, 1993 DUE TO THE LACK OF QUORUM, THE REGULARLY SCHEDULED TRAFFIC AND PARKING COMMISSION MEETING FOR DECEMBER 16, 1993 WAS CANCELED. T08 -105C A REGULAR MEETING OF THE TRAFFIC AND PARKING COMMISSION OF THE CITY OF LYNWOOD November 18, 1993 A regular meeting of the Traffic and Parking Commission of the City of Lynwood was held on Thursday, November 18, 1993. The meeting was called to order at 6:00 p.m. in the City Council Chambers at 11330 Bullis Road in the City of Lynwood, California. CALL TO ORDER The meeting was called to order by Chairman Delmar Cabaret. Commissioners, Edmond R. Archambault, William Cunningham, Edward Pacheco, and Chairman Cabaret answered roll call. Joe D. Battle did not answer roll call. Emilio M. Murga, Director of Public Works and Deputy Tim Bryant of the Sheriff's Department were also present. PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Vice Chairman Pacheco. ACKNOWLEDGMENT OF POSTING Mr. Murga announced that the agenda of November 18, 1993 was duly posted on November 15, 1993. APPROVED OF MINUTES The minutes were approved with the following corrections: page two (2) under item 8, Request for overweight /oversize vehicle study, fourth paragraph, under commissioner Pacheco the following comments were added: There is a big problem on Bullis Road with regards to truck parking at coming from Imperial cross the of Bullis and block the view said the trucks are not being there were not enough spaces could park on the Frontier 1 available. He said there is when a lot of deliveries are due to trucks parking on visibility is blocked as you creates a big problem for the Frontier Market. He said trucks double line and park on both sides from both sides of the street. He cited. He went on to comment that to unload and asked if the trucks iarket property until a space was a big problem during 12:00 - 12:30 )eing made. He went on to say that the wrong side of the street, go into or out of Le Sage. This City. Commissioner Cunningham made a correction, under commission orals, the address 1154 Penn was changed to 11154 Penn street. Chairman Cabaret added that under Commissioner Orals, under the discussion of the third lane on Imperial, the minutes were changed from "necessary" to "unnecessary ". A motion was made by Commissioner Archambault to accept the minutes as corrected. It was seconded by Commissioner Pacheco and the minutes approved 4 -0. PUBLIC ORALS COMMUNICATIONS There were none. SCHEDULED MATTERS REQUEST FOR ALLEY VACATION - First alley east of East Alameda Street between 109th Street and 110th Street. Commissioner Cunningham asked how the alley was going to be used or divided and Mr. Murga explained it was the same owner and that the alley has been fenced off. Commissioner Cunningham said the vacation would not hurt anyone as the alley was not needed. Commissioner Cunningham also mentioned that fire trucks need at least 20 feet and the alley was too narrow. The other commissioners said they had driven by the area and agreed that the alley was not needed for circulation purposes. A motion to approve to recommend the alley vacation was made by Commissioner Pacheco. It was seconded by Commissioner Archambault, and the motion passed 4 -0. REQUEST FOR OVERSIZE /OVERWEIGHT VEHICLE STUDY Staff took the Traffic and Parking Commission recommendations as well as a recommendation from the City Manager and are outlined below: 1. Set height limits and time limits on vehicles parking on residential streets. Subsection 7.17 (k) Height and Time Limits on Vehicles Parked in Residential Streets. No person shall stop, park or stand vehicles, including but not limited to vehicles which are six feet or more in height (including any load thereon), for more than three hours, except while necessarily loading or unloading property, or when such parking is reasonably necessary in the performance of a service to or upon the property in the block where the vehicle is parked. 2. Set limits on number of parking /citations that will be issued prior to vehicle being towed. Subsection 7.17 (j) Tow Away of Commercial Vehicles. Commercial vehicles described in 7 -17 (h) will be subject to tow away after they have received four or more parking citations within 12 months and whereas all the citations are issued within a radius of 1/4 mile. 3. Prohibit the parking of commercial vehicles on residential streets except for recreational vehicles. Subsection 7 -17 (i) Parking of Commercial Vehicles on Private Property Located in Residential Areas. No person shall park any commercial vehicle, as described in Subsection 7 -17 (h) of this Code, on any private property, where vehicle access made from a street that has not been appropriately designated a "truck route," or located within any residential area, except commercial vehicles registered to public or private schools and /or nonprofit corporations. 4. Modify truck routes in view of opening of I -105 Freeway Add Long Beach Boulevard form Martin Luther King Jr. Boulevard to the South City limit to the truck route. Item number two (2) was added at the request of the City Manager who has received several complaints about trucks who are illegally parked, receive citations and continue to park. Mr. Murga explained that once the city attorney reviews the proposed changes, he will put it in ordinance from and it will be bought back to the commission for final review and approval. The Traffic and Parking commission agreed to the proposed changes as presented by staff. However, Chairman Cabaret requested that the "vision safety" they had talked about before be included as a separate item. He referred back to the City of Lomita's ordinance and requested that Lynwood's ordinance include a similar statement. The other commissioners agreed and Chairman Cabaret stated that the item will be bought back to the commission once it has been reviewed by the city attorney. INFORMATIONAL ITEMS Mr Murga informed the commission on the status of several Capital Improvement Projects currently under way with the Department of Public Works. The projects included: 1993 Tree Planting Project No. 93 -1 and 93 -2 El Segundo and Palm Avenue reconstruction Atlantic Avenue Phase III Various Street Lighting Improvement projects Slurry Seal project Sidewalk Reconstruction Project Widening of Imperial Highway Deputy Tim Bryant of the Sheriff's Department requested that he be notified of the locations and dates of the streets that were to be slurried so that he can let the officers know in advance. Commissioner Cunningham asked when will sheriff's Department move into the new Justice Center and Deputy Bryant said that it is likely that they will move sometime in March or April. COMMISSIONER ORALS Commissioner Archambault requested that 11154 Penn street be looked at by the Sheriff Department. He said that the area is not being kept, and that marijuana is being sold there. He also said that it had been reported that a twelve and thirteen year old had guns.with guns and asked what can be done about the situation. He went on to say that it turned out that the boys had a BB gun and asked if they were legal. Chairman Cabaret said the parents need to get involved. Commissioner Pacheco had no commission orals. Commissioner Cunningham - He said that at 11115 Bullis Road, a detached cab of a truck that parks in front lawn on Friday, Saturday, and Sunday. He said he sees the cab on weekends mostly but that it parks in the front and asked if the Sheriff's can look at the problem and maybe issue a citation. Deputy Bryant said that no detached cabs are permitted to park anywhere in Lynwood and would send a unit to look at. He also asked if something could be done about the property, it looks bad and the lawn is not be maintained. Commissioner Cabaret explained to sheriff's about the city's current parking on problems. Deputy Bryant said the Sheriff's department does now have ability to cite and are doing so. Also they have towed on Cortland Street and are now ticketing for everything. He said the bicycle team is also issuing citations and that it is easier for them to get around. Call Sheriff's department if you have a problem. Commissioner Cunningham asked how do you determine the weight of a truck and Deputy Bryant said that they can send unit out and make determination by running the license plate. Commissioner Cunningham said three (3) large trucks are Deputy Bryant asked that he he would send out a unit. that on Atlantic and Lavinia, that parking constantly on the block. be called when this occurs and that Commissioner Cabaret - said that he has previously reported a 55 gallon drum on Drury Lane and Norton and that it is still there. He also mentioned that there was some old hazardous material left at the old Sammons & Son property and wondered who will be responsible for cleaning it up. It was mentioned that if the city or county had to clean it up, that the current property owner would be billed for the clean up. Chairman Cabaret also presented a letter of resignation to the Traffic and Parking Commission. He said that he is moving from the City and so he must resign. He said he had enjoyed being on the commission and thanked everyone. vice Chairman Pacheco will take over as Chairman. ADJOURNMENT A motion was made by Commissioner Cunningham to change the December meeting from December 23 to December 16 due to the Christmas Holiday. Commissioner Pacheco seconded the motion and was passed unanimously. A motion to adjourn the meeting was made by Commissioner Archambault. The motion was seconded by Commissioner Pacheco and the meeting was adjourned at 6:43 pm. t08 -1.05b DATE: JANUARY 27, 1993 TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE TRAFFIC AND PARKING COMMISSION FROM: Emilio Murga, Director of Public Works Christian Valtierra, Public Works Supe�,, r SUBJECT: Overweight /Oversize Vehicle Study PURPOSE To recommend that the Traffic and Parking Commission review proposed changes to the Overweight /Oversize Vehicle ordinance and make recommendations to the City Council. BACKGROUND At its regularly scheduled meeting of October 28, 1993, the Traffic and Parking Commission reviewed various oversize /over weight vehicles ordinances from surrounding cities and requested that changes be made to the existing City ordinance. ANALYSIS The Traffic and Parking Commission agreed to have the following items reviewed and included in the revised ordinance: 1. Set height limits and time limits on vehicles parking on residential streets. Subsection 7.17 (k) Height and Time Limits on Vehicles Parked in Residential Streets. No person shall stop, park or stand vehicles, including but not limited to vehicles which are six feet or more in height (including any load thereon), for more than three hours, except while necessarily loading or unloading property, or when such parking is reasonably necessary in the performance of a service to or upon the property in the block where the vehicle is parked. • s 2. Set limits on number of parking /citations that will be issued prior to vehicle being towed. Subsection 7.17 (j) Tow Away of Commercial Vehicles. Commercial vehicles described in 7 -17 (h) will be subject to tow away after they have received four or more parking citations within 12 months and whereas all the citations are issued within a radius of 1/4 mile. 3. Prohibit the parking of commercial vehicles on residential streets except for recreational vehicles. Subsection 7 -17 (i) Parking of Commercial Vehicles on Private Property Located in Residential Areas. No person shall park any commercial vehicle, as described in Subsection 7 -17 (h) of this Code, on any private property, where vehicle access made from a street that has not been appropriately designated a "truck route," or located within any residential area, except commercial vehicles registered to public or private schools and /or nonprofit corporations. 4. Modify truck routes in view of opening of I -105 Freeway Add Long Beach Boulevard form Martin Luther King Jr. Boulevard to the South City limit to the truck route (see attached map). 5. Included the Establishment and designation of vision safety parking zones. The City attorney has reviewed the commission's request and prepared an ordinance to amend Chapter 7 of the Lynwood Municipal Code relating to Vehicle and Traffic to include the commissions recommendations as noted above (see attached draft ordinance and comments from the city attorney). RECOMMENDATION To recommend that the Traffic and Parking Commission review the draft ordinance and proposed changes to the Overweight /Oversize Vehicle ordinance and make recommendations to the City Council. T94 -107 C10OF LYNWOOD LOS ANGELES COUNTY, CALIFORNIA ORDINANCE NO. AN ORDINANCE OF THE CITY OF LYNWOOD AMENDING CHAPTER 7 OF THE LYNWOOD MUNICIPAL CODE RELATING TO VEHICLES AND TRAFFIC 0 DRAFT FOLLOWS THE CITY COUNCIL OF THE CITY OF LYNWOOD DOES ORDAIN AS Section 1 . Section 7 -17 of Chapter 7 of the Lynwood Municipal Code is hereby amended by adding thereto new sub- paragraphs i, j, and k which shall read as follows: ":_ Prohibition of Commercial Vehi g ,le Parkins on Private Property i Reslo ntlal and other Zones No person shall park any commercial vehicle, as such term is defined in subparagraph h above, upon any private property located within a residential zone, nor upon any private property in any other zone where access to such private property is made from any street that has not been duly designated as a 'truck route;' provided, however, that these prohibitions shall not apply to any commercial vehicle registered to a public or private school or to a nonprofit corporation. j Tow -Away of comm9ggi v h; les A commercial vehicle, as defined in subparagraph h above, shall be subject to towing if four or more citations involving such vehicle have been issued for illegal parking within a 12- month period of time and such citations relate to illegal parking violations which all occur within a radius of one - quarter mile. k. Time Limitations on Oversize Vehicle Parking on R s1d n is l street*. No person shall stop, park or stand upon any street in a residential zone any vehicle which exceeds six (6) feet in height, including any load thereon, for a period of time in excess of three (3) hours; provided, however, that it is not a violation of this subparagraph when such time period is exceeded by any such vehicle involved in: (1) necessary loading or unloading of property; (2) performing . a service activity or construction activities on a lot or parcel of land in the block where the vehicle is parked; or (3) engaging in the construction or maintenance of a street, alley, parkway or highway " Section 2 . Section 7 -20 of Chapter 7 of the Lynwood Municipal Code is hereby amended by adding thereto a new section 7- 20.6.1 which shall read as follows: "7 -20 6.1 Establishment and DESianatiQD of vision �Slfety Parking Zones a. Subject to the prior approval of the City council, the City Traffic Engineer is hereby authorized to determine and to mark vision safety parking zones adjacent to any intersection of two (2) or more streets where at least one of such streets is not controlled by stop signs or traffic signals. b. It shall be unlawful for any vehicle to park in an area designated as a vision safety parking zone, except for Passenger vehicles which are less than five (5) feet in height and which have transparent and unobstructed windows on all sides. c No enforcement of this section shall take place until the city has caused signs to be posted which designate the limits of the specific vision safety parking zone." 931213 10512 -00001 gk 0591268 0 • DRAFT Section 3 . The City Clerk shall certify to the passage and adoption of this ordinance and shall cause the same to be published or posted in the manner required by law. PASSED, APPROVED and ADOPTED this day of 1994, by the following vote: AYES: NAES: ABSENT: ABSTAIN: PAUL H. RICHARDS, II, MAYOR ATTEST: ANDREA L. HOOPER, CITY CLERK APPROVED AS TO FORM: APPROVED AS TO CONTENT: CI 2 TY ATTORNEY CITY MANAGER REL; a--- 0 0 DEC 15 1993 CITY OF LYNWOOD PUBLICWORMEAMEERING OFFICE OF THE CITY ATTORNEY M E M O R A N D U M TO: Christian Valtierra, Public Works Supervisor FROM: William B. Rudell, City Attorney 4&L DATE: December 14, 1993 SUBJECT: Legal Authority To Adopt Certain Parking Restrictions You have requested the City Attorney's office to review the provisions of the draft ordinance recommended by the Traffic and Parking Commission in the light of the authority conferred upon municipalities by the California Vehicle Code. Our review and analysis is set forth below. Section 22507 of the Vehicle Code provides, in relevant part, as follows: "22507. Local regulation "Local authorities may, by ordinance or resolu- tion, prohibit or restrict the stopping, parking, or standing of vehicles, including, but not limited to, vehicles which are six feet or more in height (including any load thereon) within 100 feet of any intersection, on certain streets or highways, or portions thereof, during all or certain hours of the day . . . . With the exception of alleys, no such ordinance or resolution shall apply until signs or markings giving adequate notice thereof have been placed ." This section of the Vehicle Code appears to provide adequate authority for the proposed adoption of Section 7- 20.6.1, which would authorize the establishment of "vision safety parking zones" adjacent to certain designated intersections. I have modified the language of Section 7- 20.6.1 so as to include the 100 -foot limitation. While there appears to be no specific reference in the Vehicle Code to "vision safety parking zones," there is no apparent reason why the City of Lynwood cannot designate these restricted parking zones as such, since the implied purpose of this grant of authority by the State is to enhance visibility at intersections. WBR:lj 10512 -00001 0591273 0 • Christian Valtierra December 14, 1993 Page 2 Section 22507.5 of the Vehicle Code provides, in relevant part, as follows: "§ 22507.5. Local regulation; overnight parking; commercial vehicles; vehicles transporting hazardous waste "(a) Notwithstanding.Section 22507, local authorities may, by ordinance or resolution, prohibit or restrict the parking or standing of vehicles on certain streets or highways, or portions thereof, between the hours of 2 a.m. and 6 a.m., and may, by ordinance or resolution, prohibit or restrict the parking or standing, on any street, or portion thereof, in a residential district, of commercial vehicles having a manufacturer's gross vehicle weight rating of 10,000 pounds or more. * * * "The ordinance or resolution relating to the parking or standing of commercial vehicles in a residential district, however, shall not be effective with respect to any commercial vehicle making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on the restricted streets or highways or for the purpose of delivering materials to be used in the actual and bona fide repair, altera- tion, remodeling, or construction of any building or structure upon the restricted streets or highways for which a building permit has previously been obtained. * * * "(c) For the purposes of implementing this section, each local authority may, by ordinance, define the term 'residential district' in accordance with its zoning ordinance. The ordinance shall not be effective unless the legislative body of the local authority holds a public hearing on the proposed ordinance prior to its adoption, with notice of the public hearing given in accordance with Section 65090 of the Government Code." This section of the Vehicle Code appears to provide adequate authority for the proposed adoption of subparagraph k, which would impose time limitations on certain "oversize vehicles" which stop, park or stand upon any street in a residential zone. However, the draft subparagraph k defines "oversize vehicles" as WBR:lj 10512 -00001 0591273 0 Christian Valtierra December 14, 1993 Page 3 those exceeding six feet in height, including any load thereon. The Vehicle Code section cited above authorizes restrictions upon "commercial vehicles having a manufacturer's gross vehicle weight rating of 10,000 pounds or more." Thus, I have modified subpara- graph k so as to reference commercial vehicles as defined in Vehicle Code Section 22507.5. I have also modified the language relating to exceptions so as to parallel the language set forth in that 'section of the Vehicle Code. As you will note, the authority conferred by Vehicle Code Section 22507.5 relates to prohibitions or restrictions on the parking or standing of commercial vehicles upon residential stre ets, or portions thereof. That section does not refer to "private property" located within a residential zone, nor to "private property" located within other zones where access to such private property is from a street other than a designated "truck route." Consequently, it is recommended that such prohibitions be incorporated into the Lynwood Zoning Ordinance. This will require some coordination with the Community Develop- ment Department, and I will be pleased to work with the City staff in drafting the necessary amendments for consideration by the Planning Commission and by the City Council. I have attached to this Memorandum a copy of Sections 22650 through 22660 of the Vehicle Code, which relate to the removal of parked and abandoned vehicles. My conclusion is that there is no authority conferred upon the City to adopt a provi- sion, such as that set forth in subparagraph j of the draft ordinance, whereby commercial vehicles are subject to removal and impoundment if four or more citations for illegal parking are issued within a 12 -month period of time, and all such violations occur within a radius of one - quarter mile. As you will note, Vehicle Code Section 22651 authorizes the immediate removal of any vehicle under a variety of specified circumstances. In view of the State's apparent preemption of authority on the part of local agencies to prescribe the circumstances under which vehicles may be removed and impounded, I am recommending that the proposed subparagraph j be deleted from the draft ordinance. A copy of the revised draft ordinance is enclosed for your review and further processing. As noted above, we will work with the Public Works Department and the Community Development Department in drafting an amendment to the Zoning Code which prohibits the parking of commercial vehicles upon private property in residential zones and in other zones where access to such private property is not from a street designated as a "truck route." WBR:lj 10512 -00001 0591273 Christian Valtierra December 14, 1993 Page 4 Please call me if you have any questions or comments concerning this Memorandum or the attachments thereto. Attachments. WBR:1j 10512-00001 0591273 § 22523 of Opposition" form within the time specified in Section 22851.8. (Added by Stats198$ a 1267. § S, ejj. Sept 14 1988. operative July 1. 1989. Amended by Stars 1990, a 111 (911.1006). § 1.) Fortner § 22523 wet repealed by Stau.1988, c. 1267, § 4, operative J 1, 1989. Cry Reraexa Highway defined. w §4 360, 591, 592. Movement of abandoned vehicle standing no highway authority Of Peace officer, se § 22654. Removal of abandoned vehicles, see § 22669• lot or nuke Report of vehicles stored in a garage. repair sbop. par" Park or Public Parking area for 30 days. ace § 10652. Violation. punishment. ace § 42001.5. § 22524. Presumption; overcoming presumption; op- erative date (a) The abandonment of any vehicle in a manner as provided in Section 22523 shall constitute a prima facie presumption that the last registered owner of record is responsible for the abandonment and is thereby liable for the cost of removal and disposition of the vehicle. (b) An owner who has made a bona fid mil f the transfer of a vehicle and has delivered possession vehicle to a purchaser may overcome the presumption prescribed in subdivision (a) by demonstrating that he or she has complied with Section 5900 or providing other proof satisfactory to the court. (c) This section shall become operative onJuly1, 1989. (Added by Stars /988, a 1167, § e JI Se p t 2 1988, operative Jury 1, 1 989. ) s ntvsa, G 1267, § 6, �aeare Former § 12524 wa repined by July 1. 1989. Clues Relereece i presyptian, si Evida u, Code § 600 et "q- § 225245. Automobile insurance; ordinary and rea- sonable towing and storage charges; ob or stolen recovery; discharge of (a) Any insurer that is responsible for coverage for ordinary and reasonable towing and storage charges under an automobile insurance Policy to an insured or on behalf of an insured to a valid claimant, is liable for those charges to the person performing those services when a vehicle is towed and stored as a result of an accident or stolen recovery. The insurer may discharge the obli- gation by making payment to the person performing the towing and storage services or to the insured or on behalf of the insured to the claimant. (b) Any insured or claimant who has received pay- ment, which includes towing and storage charges, from an insurer for a loss relating to a vehi � services f rAddd charges to the person performing by Stats1986, a 138Q § 1.) § 22525. Vanpool vehicles; an of state highway bra slope; local ordinance or resolution Local authorities may by ordinance or resolution authorize vanpool vehicles to utilize designated state highway bus stops. Div. The ordinance or resolution shall be submitted to the Department of Transportation for approval. No ct& nance or resolution shall become effective until approved by the department. The department shall review the ordinance or resolution within 45 days after receipt. (Added by StamI98 e 162. § 1J 4 § 22526. Anti- Gridlock Act of 1987; parking vlolit" (a) A driver of a vehicle shall not enter an intersection or marked crosswalk, notwithstanding any official traffic control signal indication to proceed, unless there }i sufficient space on the other side of the intersection a marked crosswalk to accommodate the vehicle drive without obstructing the through passage of vehicles frog either side. (b) A driver of a vehicle which is making a c intersection who is facing a steady circular Yell yellow arrow signal shall not enter the intersection marked crosswalk unless there is sufficient space on t� other side of the intersection or marked crosswalk I accommodate the vehicle driven without obstructing 0 through passage of vehicles from either side. 4 (c) A local authority may post appropriate signs at entrance to intersections indicating the prohibition., subdivisions (a) and (b). �-A (d) A violation of this section is a parting violate and is not a violation of a law relating to the m operation of vehicles. (e) This section shall be known and may be citel the Anti - Gridlock Act of 1987 (Added by Stars 1987 739, § 1.) Crops Refermca Cwv,ctim of infraction for viol donk see § 42001.1. CHAPTER 10. REMOVAL OF PAR AND ABANDONED VEHICLES Article - 1. Authority to Remove Vehicles . 2 Vehicle [)[$position ARTICLE 1. AUTHORITY TO REMOVE VEHICLES section 22650. Prohibition of removal; hertnp cou - ng atorux action". 22651. CircUMMIUuce Permitting wit card a iah P 22651.1. Towing and xrvice charge: 226512 Removal of vehicle from highway" or Puabo lands terra removal of vehicles without 2265L3. Ofls item Puk or kn rep"tretim or knotty to have been inued mtdtipk °' violation". r Parking 22651.4. I vehic4s fns" another 22651.5. R i earKOW Of ve hicle Nmrrwith errwwi of ve with motivated alum devices: 22651.7. Immobilization of certain vehicle m highwp recd+ more notices of parking violation" ova 5 or can 22651.8. Satidfactnry evidence for Payment of notiee of violauou defined. 22652. Removal Of uruuthoriaed vehicle from Phylially han pawns parking "papa Div • INv. 11 Section 22652.5. Handicapped perking; velocle twovaL rmmumity from liabil- ity. 22653. Removal from Private Property. 22654. Authonatioa for moving a vehicle 22655. Impounding vehicle for investigation. 22655.3. Impounding vehicle used m floe or evade Peace officer. 22655.5. i m poundment of molar vehicle by pace offerer with probable cause w believe vehicle used as mesons to commit public offense or is evidence or contains evidence of crime. 22656. Removal from railroad, railway or light nil nght of way 22657. Repealed 226575. Repealed 22658. Removal from private property. 22658.1. Damaging of fence while removing vehicle locabon and notifiabon of property owner by rowing company. 22658.2. Removal of vehicles from common interest development 22659. Start or district agricultural association property; sure police 22660. Loral ordimncc. 22661. Contents of orch 22662. Dispmniov of vehick or pans 22663. Administaboo of ordinance. 22664. Waiv= reporting requirements and fees 22665. Administnuon of abandoned vehicle abatement and removal Program. 22666. Regulations of highway patrol. 22667. Abatement and removal: prionues. 22668. Abandoned Vehicle Trust Fund: prohibited disbursements. 22669. Removal of abandoned vehicle. 22670. Determnmuon of enmated value of vehicle 22671. Local franchise or contract for removal. 22700 to 22702. Renumbered. 22703, 22704. Repealed 22705. Renumbered 22705.1. Repealed. 22706. Renumbered 22707. Repeated 22710. Sernce authority fm abatement of abandoned vehicles 22711. Transportation to and disposition of abandoned vehicle at institution under junsdicbon of director of corrections for restoration and rebudding. dose Rerereom Exemption of driver of authorized emergency vehicle from this chapter, see § 21055. Highway, defined, see §§ 360, 591, 592 Procedure to remove and store vehicles see § 22850 a seq. Stopping, standing or parking of utility vehicles see § 22512. Street defined, see §§ 590, 591. violation of chapter a udractions, see 140000.1. § 22650. Prohibition of removal; hearings concerning storage; court actions It is unlawful for any peace officer or any unauthorized person to remove any unattended vehicle from a highway to a garage or to any other place, except as provided in this code. (a) Those law enforcement and other agencies identi- fied in this chapter as having the authority to remove vehicles shall also have the authority to provide hearings in compliance with the provisions of Section 22852. During these hearings the storing agency shall have the burden of establishing the authority for, and the validity of, the removal. (b) Nothing in this section shall be deemed to prevent a review or other action as may be permitted by the laws of this state by a court of competent jurisdiction. (Statc109, a 3. § 21650 Amended by Stou1979, a 1022, § 1.) § 22651 Cron Refeteoces Parking of nudity vehicles, see § 22512. Pere officer defined, see Pend Code 11 7(8), 830 a seq.. 852.1. Ride of the road, exemption of authorized emergency vehicle, see § 21055. § 22651. Circumstances permitting removal Any peace officer, as defined in Chapter 4.5 (com- mencing with Section 830) of Title 3 of Part 2 of the Penal Code; or any regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city or a county in which a vehicle is located, may remove a vehicle located within the territorial limits in which the officer or employee may act, under any of the following circum- StanceS: (a) When any vehicle is left unattended upon any bridge, viaduct, or causeway or in any tube or tunnel where the vehicle constitutes an obstruction to traffic. (b) When any vehicle is parked or left standing upon a highway in a position so as to obstruct the normal movement of traffic or in a condition so as to create a hazard to other traffic upon the highway. (c) When any vehicle is found upon a highway or any public lands and a report has previously been made that the vehicle has been stolen or a complaint has been fried and a warrant thereon issued charging that the vehicle has been embezzled. (d) When any vehicle is illegally parked so as to block the entrance to a private driveway and it is impractical to move the vehicle from in front of the driveway to another point on the highway. (e) When any vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway. (f) When any vehicle, except any highway mainte- nance or construction equipment, is stopped, parked, or left standing for more than four hours upon the right-of- way of any freeway which has full control of access and no crossings at grade and the driver, if present, cannot move the vehicle under its own power. (g) When the person or persons in charge of a vehicle upon a highway or any public lands are, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal. (h) When an officer arrests any person driving or in control of a vehicle for an alleged offense and the officer is, by this code or other law, required or permitted to take, and does take, the person into custody. n (1) When any vehicle, other than a rented vehicle, is found upon a highway or any public lands, or is removed pursuant to any subdivision of this section, and it is known to have been issued five or more notices of parking violation over a period of five or more days, to which the owner or person in control of the vehicle has not responded to the agency responsible for processing notices of parking violation or the registered owner of the vehicle is known to have been issued five or more notices RULES OF THE ROAD • 0 0 § 22651 VEHICLE CODE for failure to pay or failure to appear in court for traffic violations for which no certificate has been issued by the magistrate or clerk of the court hearing the case showing that the case has been adjudicated or concerning which the registered owner's record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17, the vehicle may be impounded until that person furnishes to the impounding law enforcement agency evidence of his or her identity and an address within this state at which be or she can be located and satisfactory evidence that bail has been deposited for all notices of parking violation issued for the vehicle or all traffic violations of the registered owner have been cleared, or both. A notice of patting violation issued for an unlawfully parked vehicle shall be accompanied by a warning that repeated violations may result in the impounding of the vehicle. In lieu of requiring satisfac- tory evidence that the bail has been deposited, the impounding law enforcement agency may, in its discre- tion, issue a notice to appear for the offenses charged, as provided in Article 2 (commencing with Section 40500) of Chapter 2 of Division 17 In lieu of either furnishing satisfactory evidence that the bail has been deposited or accepting the notice to appear, that Person may demand to be taken without unnecessary delay before a magic. trate within the county in which the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accesst'ble with reference to the place where the vehicle is impound Evidence of current registration shall be produced after a vehicle has been impounded or a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person. (2) A vehicle shall be released to the legal owner, as defined in Section 370, if the legal owner does all of the following: (A) Pays the cost of towing and storing the vehicle. (B) Submits evidence of payment of fees as provided in Section 9561. (C) Completes an affidavit in a form acceptable to the impounding law enforcement agency stating that the vehicle was not in possession of the legal owner at the time of occurrence of the offenses relating to standing or Parking. A vehicle released to a legal owner under this subdivision is a repossessed vehicle for purposes of disposition or sale. The impounding agency shall have a lien on any surplus that remains upon sale of the vehicle to which the registered owner is or may be entitled, as security for the deposit of bail for all notices of parking violations issued for the vehicle. The legal owner shall Promptly remit to, and deposit with, the agency respon. sible for processing notices of parking violations from that surplus, on receipt thereof; bail for all notices of P violations issued for the vehicle. 0) When any vehicle is found illegally Parked and there are no license plates or other evidence of registra- tion displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding taw enforcement agency evidence of his or 440 Div. 11 her identity and an address within this state at which he or she can be located. (k) When any vehicle is parked or left standing upon a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal. (0 When any vehicle is illegally parked on a highway in violation of any local ordinance forbidding standing or parking and the use of a highway, or a portion thereo4 is necessary for the cleaning, repair, or construction of the highway, or for the installation of underground utilities, and signs giving notic that the vehicle may be removed are erected or placed at least 24 hours prior to the removal by local authorities pursuant to the ordinance. (m) Wherever the use of the highway, or any portion thereof, is authorized by local authorities for a purpose other than the normal flow of traffic or for the movement of equipment, articles, or structures of unusual size, and the parking of any vehicle would prohibit or interfere with that use or movement, and signs giving no that the vehicle may be removed are erected or placed at least 24 hours Prior to the removal by local authorities Pursuant to the ordinance. (n) Whenever any vehicle is parked or left standing where local authorities, by resolution or ordinance, have prohibited parking and have authorized the removal of vehicles No vehicle may be removed unless signs are posted giving notice of the removal. (o) (1) When any vehicle is found upon a highway, i any public lands, or an offstrat parking facility with a registration expiration date in excess of one year before the date it is found on the highway, public lands, or the offstteet parking facility. However, if the vehicle is occupied, only a Peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle. For purposes of this subdivision, the vehicle shall be released to the owner or person in control of the vehicle only after the owner or Person furnishes the storing law enforcement agency with Proof of current registration and a currently valid driver's license to operate the vehicle. j (2) As used in this subdivision, " offstret parking facility" means any offstrat facility held open for use by i the public for parking vehicles and includes any publicly owned facilities for offstrat parking, and privately owned facilities for offstrat parking where no fee is i charged for the privilege to park and which are held open t for the common public use of retail customers. (P) When the peace officer issues the driver of a vehicle a notice to appear for a violation of Section 12500, 14601, 14601.1, or 14601.2 and there is no Passenger in the vehicle who has a valid driver's license and authorization to operate the vehicle. Any vehicle so removed from the highway or any public lands shall not be released to the registered owner or his or her agent, except upon presentation of the registered owner's or his or her agent's currently valid driver's license to operate the vehicle and proof of current vehicle registration, or upon order of a court. 441 RULFS OF Div. 11 (q) Whenever any icle is parked for more than 24 hours on a portion of highway which is located within the boundaries Of a common interest development, as defined in subdivision (c) of Section 1351 of the Civil Code, and signs, as required by Section 22658.2, have been posted on that portion of highway providing notice to drivers that vehicles parked thereon for more than 24 hours will be removed at the owner's expense, pursuant to a resolution or ordinance adopted by the local authority. (r) when a ny vehicle is illegally parked and blocks the movement of a legally parked vehicle. (Stars 1959, c 3, § 11651. Amended by Stan 1959, c 972, § 1; Slats 1960, Ist FzSem. c 59, § 3; Stan1963, c 1004, § 2. Stars 1967, c 543, § I; Smut 1968. c 749, § 1, Slats 1969, c 1116, § 1' Slats 1970, c 886. § 1, Stars 1971, c 134 § 1, operative May 3, 1972; Statt1974, c 545, § 111; Stan1977, c 73, § ]; Stam1977, a 486, § 2. Stats1977, c 1119, § 2; Stars 1979, c 831, § 1; Slats 1979, c 909 § 2.3; Stan 1980, c 1340, § 31, eff. Sept. 30, 1980; Statt1981. c 343, § l; Stats1982, c 344. § 1; Stats1983, c 816, § 1; Stan1983, c 1017, § 3; Sorts 1985, c 1007, § 1, Stan1985, c 1126, § 5, eff. Sept 18, 1985; Stats1985, c 1126, § 6. eff. Sept 28, 1985 operative April 1, 1986, Stats1986, c 32$ § 2; Stars 1986, c 1234 § Z. Stats1986, c 1262, § I; Stats1987 c511. §L eff. Sept 11. 1987; StanIMc §1; Stats1988, c 1008, § 3. Stan1989, c 331, § I. Stars 1991, c 90 (A.B.1297), § 68, eff. June 30, 1991; Stan 1991, c 189 (A.B.544), § 40, eff. July 29 1991.) The 1991 ammdmerrt of this section by c 189 explicitly amended the 1991 amendment of this secuon by c 90. THE ROAD § 22651.3 storage pro* on rates. (Added by Stars 1989, c 501, § 1. Amended by Statt1990, c 309 (S.B.1763), § 2) § 226511. Removal of vehicles from highways or pub - lie lands; conditions (a) Any peace officer, as 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, who is engaged in directing traffic or enforcing parking laws and regulations, of a city or a county in which a vehicle is located may remove a vehicle located within the territorial limits in which the officer or employee may act when the vehicle is found upon a highway or any public lands, and if all of the following requirements are satisfied: (1) Because of the size and placement of signs or placards on the vehicle, it appears, that the primary purpose of parking the vehicle at that location is to advertise to the public an event or function on private property or on public property hired for a private event or function to which the public is invited. (2) The vehicle is known to have been previously issued a notice of parking violation which was accompa- nied by a notice warning that an additional parking violation may result in the impoundment of the vehicle. (3) The registered owner of the vehicle has been mailed a notice advising of the existence of the parking violation and that an additional violation may result in the impoundment of the vehicle. (b) Subdivision (a) does not apply to a vehicle bearing any sign or placard advertising any business or enterprise carried on by or through the use of that vehicle. (c) Section 22852 applies to the removal of any vehicle pursuant to this section. (Added by Stan 1990, c 73 (SB.819), § 1.) C oa References Arrested person, taking before magistrate, see if 40302. 403113. Departman of the CShfor.ie highs sy patrol, genrnlly. see § 2100 et Freeway defined, see § 332. tat. aka, impounded vehicles, ice § 22851.1. --Local rcpt tions, sce f 21100 a seq. private road or driveway defined. sce § 490. Repuaed ownv, ,poo dbihty for unattended vehick, sce § 41107- Stow ams, parities in. see § 22510. Stolen vehicles, reports. sue § 10500 a seq. e storage of vehicle, see § 22850 a seq. Utdity vehicles. stopping, sanding or parking, see if 22512, 25301. Vehick parked or placed on highway for purpose Of selling stocks, ,®oval, zee street, and H4hways Code § 731. § 22651.1. Towing and service charges; credit card or cash payment persons operating or in charge of any storage facility when vehicles are stored pursuant to Section 22651 shall accept a valid bank credit card or cash for payment of towing and storage by the registered owner, legal owner, or the ownees agent claiming the vehicle. In addition, persons operating or in charge of the storage facility shall have sufficient funds on the premises 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 Cade. Law enforcement agencies may include the costs of providing for payment by credit when agreeing with a towing or § 22651.3. Offstreet parking facility; removal of ve- hicles without current registration or known to have been issued multiple notices of parking violations (a) Any 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, who is engaged in directing traffic or enforcing parking laws and regulations, of a city or a county in which any vehicle, other than a rented vehicle, is located may remove the vehicle from an offstreet public parking facility located within the territorial limits in which the officer or employee may act when the vehicle is known to have been issued five or more notices of parking violation over a period of five or more days, to which the owner or person in control of the vehicle has not responded or when any vehicle is illegally parked so as to prevent the movement of a legally parked vehicle. A notice of parking violation issued to a vehicle which is registered in a foreign jurisdiction or is without current California registration and is known to have been issued five or more notices of parking violation over a period of five or more days shall be accompanied by a warning that § 22651,3 0 J ■ -- VEHICLE CODE 0 repeated violations may result in the impounding of the vehicle. (b) The vehicle may be impounded until the owner or person in control of the vehicle furnishes to the impound- ing law enforcement agency evidence of his or her identity and an address within this state at which he or she can be located and furnishes satisfactory evidence that bail has been deposited for all notices of parking violation issued for the vehicle. In lieu of requiring satisfactory evidence that the bail has been deposited, the impounding law enforcement agency may, in its discre- tion, issue a notice to appear for the offenses charged, as provided in Article 2 (commencing with Section 40500) of Chapter 2 of Division 17 In lieu of either furnishing satisfactory evidence that the bail has been deposited or accepting the notice to appear, the owner or person in control of the vehicle may demand to be taken without unnecessary delay before a magistrate within the county in which the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is impounded. (c) Evidence of current registration shall be produced after a vehicle has been impounded or a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to the owner or person in control of the vehicle. (Added by Stars 1985, c 855. § 2 Amended by Stars 1988, c. 619, § 2) § 22651.4. Impounding of commercial vehicles from another country Any peace officer, as defined in Chapter 4.5 (com- mencing with Section 830) of Title 3 of Part 2 of the Penal Code, may impound a vehicle and its cargo pursuant to Section 34517 (Added by Star& 1991, a 707 (A.B.1355), § 1.) § 226515. Removal of vehicles with activated alarm devices; report Any Peace officer, as defined in Chapter 4.5 (com- mencing with Section 830) of Title 3 of Part 2 of the Penal Code, may, upon the complaint of any person, remove a vehicle parked within a residence or business district from a highway or from public or private Property if an alarm device has been activated within the vehicle, the peace officer is unable to locate the owner of the vehicle within 45 minutes from the time of arrival at the vehicle's location, and the alarm device has not been silenced prior to removal. Upon removal of a vehicle from a highway or from public or private property pursuant to this section, the peace officer ordering the removal shall immediately report the removal and the location to which the vehicle is removed to the Stolen Vehicle System of the Depart- ment of Justice. (Added by Star&1983, a 1167, § 1. Amended by Start 1991, c 918 (A.B.1886), § 19, eff. Oct 14, 1991.) 442 Div. 11 § 22651,7. Immobilization of certain vehicle as high- way receiving 5 or more notices of parldeg vlola. dims over 5 or more days In addition to, or as an alternative to, removal, any Peace officer, as 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 who is engaged in directing traffic or enforcing parking laws and regulations, of a city or county in which a vehicle is located may immobilize the vehicle with a device de- signed and manufactured for the immobilization of vehicles, on a highway located within the territorial limits in which the officer or employee may act if the vehicle is found upon the highway and is known to have been issued five or more notices of parking violation over a period of five or more days to which the owner or person in control of the vehicle has not responded or the registered owner of the vehicle is known to have been issued five or more notices for failure to pay or failure to appear in court for traffic violations for which no certificate has been issued by the magistrate or clerk of the court hearing the case showing that the cave has been adjudicated or concerning which the registered owners record has not been cleared pursuant to Chapter 6 (commencing with Section 41500) of Division 17. The vehicle may be immobilized until that person furnishes to the immobilizing law enforcement agency evidence of his or her identity and an address within this state at which he or she can be located and satisfactory evidence that bail has been deposited for all notices of parking violation issued for the vehicle or all traffic violations of the registered owner have been cleared, or both. A notice of parking violation issued to the vehicle shall be accompa- nied by a warning that repeated violations may result in the impounding or immobilizing of the vehicle. In lieu Of regWring satisfactory evidence that the bard bas been deposited the immobilizing law enforcement agency may, in its discretion, issue a notice to appear for the offenses charged, as provided in Article 2 (commencing with Section 40500) of Chapter 2 of Division 17. In lieu Of either furnishing satisfactory evidence that the bail has been deposited or accepting the notice to appear, that Person may demand to be taken without unnecessary delay before a magistrate within the county in which the offenses charged are alleged to have been committed and who has jurisdiction of the offenses and is nearest or most accessible with reference to the place where the vehicle is immobilized. Evidence of current registration shall be produced after a vehicle bas been immobilized or a notice to appear for violation of subdivision (a) of Section 4000 shall be issued to that person. (Added by Stats1986, e 181, § 1, of. . June 23, 1986 Amended by Swit 1991, c 90 (AA1197), § 69, eJ..' June 3Q 1991; Statt1991, c 189 (A1R544), § 41, eJ..' July 19 1991.) The 1991 emmdmmt of this section by c 189 upaeay eeomded the 1991 smmdttmt of this erection by c. 90. Another 4 73651.7, added by Stan. 1987, c. 279, § 1, w tmumbcmd § 22655.3 and amended by SMU.1988, C. 160. § 181. 443 • Div. 11 RULES OF THE ROAIO § 22651.8. Satisfactory evidence for Payment of no- tices of parking violations defined Operative July 1, 1992 For purposes of paragraph (1) of subdivision (i) of Section 22651 and Section 22651.7, "satisfactory evi- dence" includes, but is not limited to, a copy of a receipt issued by the department pursuant to subdivision (a) of Section 4760 for the payment of notices of parking violations appearing on the department's records at the time of payment. The processing agency shall, within 72 hours of receiving that satisfactory evidence, update its records to reflect the payments made to the department. if the processing agency does not receive the amount of the parking penalties and administrative fees from the department within four months of the date of issuance of that satisfactory evidence, the processing agency may revise its records to reflect that no payments were received for the notices of parking violation. (Added by Stats1991, c. 587 (A.B.1126), § 2, operative July 1, 1992.) § 22652. Removal of unauthorized vehicle from physi- cally handicapped person's packing space Any peace officer, as defined in Chapter 4.5 (com- mencing with Section 830) of Title 3 of Part 2 of the Penal Code, or any regularly employed and salaried employee engaged in directing traffic or enforcing park- ing laws and regulations of a city or county, may remove any vehicle from a stall or space designated for physically handicapped persons pursuant to Section 22511.7 or 22511.8, located within the jurisdictional limits in which the officer or employee is authorized to act, if the vehicle is parked in violation of Section 22507.8 and if the police or sheriffs department or the Department of the Califor- nia Highway Patrol has been notified. In a privately or publicly owned or operated offstreet parking facility, this section applies only to those stalls and spaces if the posting requirements under subdivisions (a) and (d) of Section 22511.8 have been complied with and if the stalls or spaces are clearly signed or marked. (Added by Stats.1981, c. 975, § 9 Amended by Statz 1983, a 170. § 4, eff. July 15, 1983; Stars19851 a 312. § 2; Siam 1985, a 1041, § IL) Forma 4 22652 wee repealed by 8taa 1977, o. 73, p. 479, § 2. § 22652.5. Handicapped parking vehicle removal; im- munity from liability The owner or person in lawful possession of an offstreet parking facility, or any local authority owning or operating an offstreet parking facility, who causes a vehicle to be removed from the parking facility pursuant to Section 22511.8, or any state, city, or county employ- ee, is not civilly liable for the removal if the police or sheriff's department in whose jurisdiction the offstreet parking facility or the stall or space is located or the Department of the California Highway Patrol has been notified prior to the removal. (Added by Stats.1983, a 132. § 1, eff July 14, 1983.) § 22653. Removal from private property § 22654 (a) Any 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, other than an employee directing traffic or enforcing parking laws and regula- tions, may remove a vehicle from private property located within the territorial limits in which the officer is empowered to act, when a report has previously been made that the vehicle has been stolen or a complaint has been filed and a warrant thereon issued charging that the vehicle has been embezzled. (b) Any 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, may, after a reasonable period of time, remove a vehicle from private property located within the territorial limits in which the officer is empowered to act, if the vehicle has been involved in, and left at the scene of, a traffic accident and no owner is available to grant permission to remove the vehicle. This subdivision does not authorize the removal of a vehicle where the owner has been contacted and has refused to grant permission to remove the vehicle. (c) Any 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, may, at the request of the property owner or person in lawful possession of any private property, remove a vehicle from private property located within the territorial limits in which the officer is empowered to act when an officer arrests any Person driving or in control of a vehicle for an alleged offense and the officer is, by this code or other law, required or authorized to take, and does take the person arrested before a magistrate without unnecessary delay. (Stars 1959, a 3, § 11653. Amended by Stats 1977, a 73, § 3; Stats1978, a 417, § 1; Statc1980, c. 1340. § 31, eff. Sept. 30. 1980,• Stats.1985, c. 912, § 3.) Cron Referenea Depn t of the Califamia hi8hway patrol, generally, see 4 2100 a seq. Led authmitim power, see 121100 a seq. Peas officer, definition. sec Penal Code It 7(8). 830 a seq. 832.1. Procedure m remove and store vehicim see § 22850 a seq. Removal of abaudoned vehicles, sec 4 22523 a seq. Swim vadde, reports, see 4 10500 et seq. § 22654. Authorization for moving a vehicle (a) Whenever any 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 other employee directing traffic or enforcing parking laws and regulations, finds a vehicle standing upon a highway, located within the territorial limits in which the officer or employee is empowered to act, in violation of Sections 22500 and 22504, the officer or employee may move the vehicle or require the driver or other person in charge of the vehicle to move it to the nearest available position off the roadway or to the nearest parking location, or may remove and store the vehicle if moving it off the roadway to a parking location is impracticable. § 22654 VEHICLE CODE 444 (b) Whenever the officer or employee finds a vehicle standing upon a street, located within the territorial limits in which the officer or employee is empowered to act, in violation of a traffic ordinance enacted by local authorities to prevent flooding of adjacent property, he or she may move the vehicle or require the driver or person in charge of the vehicle to move it to the nearest available location in the vicinity where parking is permitted. (c) Any state, county, or city authority charged with the maintenance of any highway may move any vehicle which is disabled or abandoned or which constitutes an Obstruction to traffic from the place where it is located on a highway to the nearest available position on the same highway as may be necessary to keep the highway open or safe for public travel. In addition, employees of the Department of Transportation may remove any disabled vehicle which constitutes an obstruction to traffic on a freeway from the place where it is located to the nearest available location where parking is permitted, and, if the vehicle is unoccupied, the department shall comply with the notice requirements of subdivision (d). (d) Any state, county, or city authority charged with the maintenance or operation of any highway, highway facility, or public works facility, in cases necessitating the Prompt performance of any work on or service to the highway, highway facility, or public works facility, may move to the nearest available location where parking is Permitted, any unattended vehicle which obstructs or interferes with the performance of the work or service or may remove and store the vehicle if moving it off the roadway to a location where parking is permitted would be impracticable. If the vehicle is moved to another where it is not readily visible from its former xation or it is stored, the person causing the it or storage of the vehicle shall immediately, by t expeditious means, notify the owner of the A its location. If for any reason the vehicle armor be so notified, the person causing the 0 be moved or stored shall immediately, by the Peditious means, notify the Police department of in which the vehicle was parked, or, if the vehicle n parked in an unincorporated area of a county, he sheriffs department and nearest office of the 'is Highway Patrol in that county. No vehicle removed and stored pursuant to this subdivision signs indicating that no person shall stop, park, or anding any vehicle within the areas marked by the signs because the work or service would be done, were Placed at least 24 hours prior to the movement or removal and storage. (e) Whenever any peace officer finds a vehicle parked or standing upon a highway in a manner so as to obstruct necessary emergency services, or the routing of traffic at the scene of a disaster, the officer may move the vehicle or require the driver or other person in charge of the vehicle to move it to the nearest available parking o lcation. If the vehicle is unoccupied, and moving the vehicle to a Parking location is impractical, the officer may store the vehicle pursuant to Sections 22850 and 22852 and subdivision (a) or (b) of Section 22853. If the Div. ii vehicle so moved or stored was otherwise lawfully Parked, no moving or storage charges shall be assessed against or collected from the driver or owner. (Stars 1959, c 3, § 22654. Amended by Start 1969, c 1129, § l; Start1971, a 874, § 1, operative May 3, 1972,• Siats1974, c 545, § 212; Start1977 c 73, § 4; Start 1980, c 1340 § 33, off. Sept 30, 1980,• Start 1981, c 281, § l; Stars 1983, c 913, § Z) (.lain Refereacee Loci impounding ordinaaca, see §§ 22653, 22850 a seq. P eace officer, definition, see Pend Code 11 7(8), 930 a seq. 852.1. Private property, removal of vehicle; see 1 22852. Procedure to remove and store vehicles, see § 22950 a seq. Removal of vehicle parked m placed on highway for purpose of calling article,, see Street, and Highways Code 1 731. § 2265S, Impounding vehicle for investigation (a) When any 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, has reasonable cause to believe that a motor vehicle on a highway or on private property Open to the general public onto which the public is explicitly or implicitly invited, located within the territo- rial limits in which the officer is empowered to act, has been involved in a hit- and -run accident, and the operator of the vehicle has failed to stop and comply with the Provisions of Sections 20002 to 20006, inclusive, the officer may remove the vehicle from the highway or from public or private property for the purpose of inspection. (b) Unless sooner released, the vehicle shall be re- leased upon the exp of 48 hours after such removal from the highway or private property upon demand of the owner. When determining the 48 -hour period, weekends, and holidays shall not be included (c) Notwithstanding subdivision (b), when a motor vehicle to be inspected pursuant to subdivision (a) is a commercial vehicle, any cargo within the vehicle may be removed or transferred to another vehicle. This section shall not be construed to authorize the removal of any vehicle from an enclosed structure on private property which is not open to the general public. (Smrt1959, c 3, § 12655 Amended by Start 1961, c 1198 § 1; Startt 1963, c 804, § I; Start 1967, c 236. § 4 Start 1967, c 153, § 7; Start 1969, c 1116, § Z . Start 1971, c 130 § Z operative May 3, 1971; Start 1974, c 545, § 113; Start 1975, c 109, § 1; Start 1977, c 486. § 3; Stats1978, c 505, § l; Startl979 c 791, § l; Stats1979, c 831, § Z. Start1979 c 909, § 3.2; Statt1980 c 1340 § 34, eJ..' Sept 30, 1980) Cress Reference, Depar tment of the Caifomia highway patrol, generally, see 1 2100 a a pease oBtoer' defin'dM see Petal Code 11 7(g), 930 a seq., 852.1. § 22655.3 Impounding vehicle used to flee or evade peace officer Any Peace officer, as defined in Chapter 4.5 (com- mencing with Section 830) of Title 3 of Part 2 of the Penal Code, pursuing a fleeing or evading person in a motor vehicle may remove and store, or cause to be 445 • RULES OF THE ROAD • Div. 11 removed and stored, any vehicle used in violation of Section 2800.1 or 2800.2 from property other than that of the registered owner of the vehicle for the purposes of investigation, identification, or apprehension of the driver if the driver of the vehicle abandons the vehicle and leaves it unattended. All towing and storage fees for a vehicle removed under this section shall be paid by the owner, unless the vehicle was stolen or taken without permission. No vehicle shall be impounded under this section if the driver is arrested before arrival of the towing equipment or if the registered owner is in the vehicle. As used in this section, "remove and store a vehicle" means that the peace officer may cause the removal of a vehicle to, and storage of a vehicle in, a private lot where the vehicle may be secured by the owner of the facility or by the owner's representative. This section is not intended to change current statute and case law governing searches and seizures. (Formerly § 22651.7, added byStam1987, a 179, § 1. Renumber- ed § 11655.3 and amended by Stats 1988, c 160, § 181.) § 226555. Impoundment of motor vehicle by peace officer with probable cause to believe vehicle used as means to commit public offense or is evidence or contains evidence of crime Test of section operative until Jan. 1, 1993 (a) A peace officer, as defined in Chapter 4.5 (com- mencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove a motor vehicle from the highway or from public or private property within the territorial limits in which the officer may act, if the peace officer has probable cause to believe either of the following: (1) That the vehicle was used in the commissi of a public offense. (2) That the vehicle is itself evidence which tends to show that a crime has been committed or that the vehicle contains evidence, which cannot readily be removed, which tends to show that a crime has been committed. (b) Notwithstanding Section 3068 of the Civil Code or Section 22851 of this code, the following apply with respect to a vehicle removed pursuant to this section: (1) The owner of the vehicle is not liable for any resulting towing and storage fees unless the vehicle was used by the alleged perpetrator of the crime with the express or implied permission of the owner of the vehicles (2) The owner of a stolen vehicle that is removed and held for investigatory or prosecution purposes, or for use as an exhibit in a judicial proceeding, is not liable for any resulting towing and storage fees. (3) Any towing and storage charges for a vehicle for which the owner is not liable pursuant to paragraph (2) shall be paid by the public agency employer of the peace officer who ordered the removal and storage of the vehicle or the prosecuting agency which ordered the storage of the vehicle. § 22655.5 (c) In any prosecution of the crime for which a vehicle was impounded pursuant to this section, the prosecutor may request, and the court may order, the perpetrator of the crime, if convicted, to pay the costs of towing and storage of the vehicle. (d) Nothing in this section exempts the public agency whose employee ordered the removal of the vehicle pursuant to subdivision (a) from the notification require- ments of Section 22852. (e) This section shall remain in effect only until January 1, 1993, and as of that date is repealed, unless a later enacted statute, which is enacted before January 1, 1993, deletes or extends that date. (Added by Stats.1987, c. 359, § L Amended by State 199Q c. 1515 (AB.3410), § 1.) For text of section operative Jan. 1, 1993, see § 11655.5, post § 22655.5. Impoundment of motor vehicle by peace officer with probable cause to believe vehicle used as meats to commit public offense or is evidence or contains evidence of crime Text of section operative Jan. 1, 1993 A peace officer, as defined in Chapter 4.5 (commenc- ing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove a motor vehicle from the highway or from public or private property within the territorial limits in which the officer may act under the following circumstances: (a) When any vehicle is found upon a highway or public or private property and a peace officer has probable cause to believe that the vehicle was used as the means of committing a public offense. (b) When any vehicle is found upon a highway or public or private property and a peace officer has probable cause to believe that the vehicle is itself evidence which tends to show that a crime has been committed or that the vehicle contains evidence, which cannot readily be removed, which tends to show that a crime has been committed (c) Notwithstanding Section 3068 of the Civil Code or Section 22851 of this code, no lien shall attach to a vehicle removed under this section unless the vehicle was used by the alleged perpetrator of the crime with the express or implied permission of the owner of the vehicle. (d) In any prosecution of the crime for which a vehicle was impounded pursuant to this section, the prosecutor may request, and the court may order, the perpetrator of the crime, if convicted, to pay the costs of towing and storage of the vehicle. (e) This section shall become operative on January 1, 1993. (Added by Stats1990, a 1515 (AB.3410), § 2.) For text ojsection operative until Jan. 1, 1993, see § 11655.5, ante § 22656 § 226%. Removal from railroad, railway or light rail right of way 4.5 (coommmenc (commencing with Sect 0 of Ti de fin ed 33 of Ch the Penal Code, may remove a vehicle from the r way of a railroad, street railway, or light rail line located within the territorial limits in which the officer is empowered to act if the vehicle is parked or abandoned upon any track or within 7 feet of the nearest rail. (Added by Statt 1968 c 613 § 2. Amended by State 1969 c 1116, § 3; WLM1971, c 130, § 3, operative May 3, 1972; Stars 1974, c 543 § 114,• Stars 1974, a 797, § I; Stars 1975, c 110, § 1; Stars 1977, c 486, § 4, Stars 1978, c 182, § l; Start 1979, c 831, § 3. Stars 1979 c 909, § 4.5; Stars 1980, c 1340, § 35, eff. Sept 30, 1980,• Slat&1988, c I$ § L) FOm,er § 22656 win aPa10d by Stats.1965, a 1500, P. 3524, § 9. Gross 1wereaca DePerhnent of the California bigh -y Pat-4 Morally, see § 2100 et �9 Umuthonred dmiug of vehicle rm railroad truck or r*tof -way, set P-W Cade § 369g. § 22657. Repealed by Stats.1977, c. 73, § 5 no rePn4b "0011011 .m added by Stem 1965, c 1070, § 2. Pormer § 22657 " nyakd by St.M,965, 0. 1500, P. 3524, § 9. § 226575. Repealed by Stats.1980, c. 1340, § 36 § 22658. Removal from private property (a) Except as provided in Section 22658 2, the owner or person n lawful Possession of any private property may, subsequent to notifying, by telephone or, if imprac- tical, by the most expeditious means available, the city Police or county sherify, whichever is appropriate, cause the removal of a vehicle parked on the Property to the nearest public garage under any of the following circum- stances; (1) There is displayed, in plan view at all entrances to the Property, a sign not less than 17 by 22 inches in size, 1 w ith 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, and the sign may also indicate that a citation may also be issued for the violation. (2) The vehicle has been issued a notice of ar g kin since iss P violation, and 96 hours have elapsed that notice. uance 9 (3) The vehicle is on Private Property and lacks an engine, transmission, wheels, tires, doors, windahi any other major part or eld, or e q ui p m ent necessary to operate safely on the highways, the owner or person i lawful Possession of the private property has notified the city Police or county sheriff, as appropriate, 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. n 446 Div. u (b) The Person causing removal of the vehicle s hall, 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 I owner of oto the vehicle, immediately give, or cause to be given, notice n 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 m 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, with a rson causing removal of the vehicle shall comply equirements 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 provi- sions 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 removing, the vehicle. person causing the removal of, or VEHICLE CODE (e) Any owner or person in lawful possession of an Private Property, or an "association" pan t to Seetioa using 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 ( ( or (3) of subdivision (a) or to state the grounds for the removal of the vehicle if requested b y th legal or registered owner of the vehicle as required he subdivision (f). (f) Any owner or person in lawful Possession of an Private Property, or an "association„ tnrs�t to Section Y 22658.2, causing the removal of a vehicl property shall state the grounds for the removal o Parked on t th f the vehicle if requested by the legal or registered owner of that vehicle. Any towing company that removes removes a vehicle from Private property with the authorization of the property owner or the Property owner's agent shall not be held responsible n any situation relating to the validity of the removaL Any towing company that removes the vehicle under this section shall be respon- sible for (1) any damage to the vehicle in the tra subsequent storage of the vehicle and 2 the ova and ) re vehicle other than the vehicle specified by of a other person n lawful owner or Possession of the private property. (9) Possession of any vehicle under this section shay be deemed to arise when a vehicle is removed from Private PrOPerty and is in transit. (h) A towing company may impose a cage of not more than one-h" the regular towln all towing of a vehicle at the of the Owner for the request of private r i Dis. 11 le shall, if from the r Vehicles I owner of M notice he fact of 5 indicate A. { If the the notice fhe notice ,mount of d. ! If the e_ Rain the unable to ,is section, dl comply tion 22853 ;able to an Wry. y right or possession her provi- cle'parked I ton !private ver'for any entional or oval of, or ;ion of any to;Section ted,on that in8,charges mply with to itate the steel by the equired by i lion of any t to Section ked on that ,oval of the A owner of removes a .orization of ; agent shall 'ating to the mpany that i be respon- transit and removal of a he owner or ,te property. section shall moved from harge of not ,Urge for the her of private 447 Div. 11 RULES OF THE ROAD 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 proper- ty. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit. (i) 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 enforce- ment 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. If a request to release a vehicle is made within eight hours from the time the vehicle is brought into the storage fatality, 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. 0) 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. In addition, persons operating or in charge of the storage facility shall have sufficient moneys on the premises to accommodate, and make change m, 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). (1) (1) A towing company shall not remove 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 vehicles 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 prol>erty. (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 photo. graph taken pursuant to this paragraph, and shall present § 22658.1 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 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, 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). (Added by Stare 1959, c 963, § 1. Amended by Stam1963, c 639, § 1; Stam1971, c 169$ § L operative May 3, 1971; Stat$.1979, c 1011, § 1; Stars 1980, c 308, § 1; Stars 1981, c 738, § 1; Stat$.1983, c 913, § 3; Stam1984, c 255, § 1; Statm1984, c 315, § 1, Star$.1984, c 1334, § 1; Stat1985, c 311, § 3; Stats1985, c 1335, § 1, Stat$.1986, a 1161, § 2, Statt1987, c 572, § 1, Star$. 1990, c 309 (S.B.1763), § 3; Stars 1990, c 998 (A.B.2789), § 2; Stam1991, e 711 (AB.1390), § 3; Stat$.1991, c 1004 (SA887), § 4.) Under the provisions of § 3 of Stats.1990. c. 998, the 1990 amendments of this section by c. 309 and a 998 were given effect sad incorporated in the form set forth in § 2 of c 998. Effect of amendment of section by two or more seta a the same xenon of the legislature, see Csovemmert Code §` nor References Disabled persons and wuraes, deagoatioa of parting, removal of unauthorized vehicles tram private parking facilities, see § 22511.8. Improperly causing vehicle to be towed or removed to create or acquire lim forfeiture of claims aced liability to owner or lease sec Civil Cade § 3070. § 22658.1. Damaging of fence while removing vehicle; location and notification of property owner by towing company (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-. (1) 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 High- way Patrol, of that information and the location of the damaged or opened fence. (b) Any person failing to comply with all the require- ments of this section is guilty of an infraction. (Added by Stat.0985, c 608, § 1.) 0 § 22658.2 § 22658,2. Removal of "Iddis fines common interest development (a) Except as provided in subdivision (b), an "associa- tion", as defined in subdivision (a) of Section 1351 of the Civil Code, of a common interest development, as defined in subdivision (c) of Section 1351 of the Civil Code, may cause the removal of a vehicle parked on that property to the nearest public garage if all of the following require- ments are satisfied: (1) A sign not less than 17 by 22 inches in size with lettering not less than one inch in height appears at each entrance to the common interest development and con- tains both of the following: (A) A statement that public parking is prohibited and -all vehicles not authorized to park on the common interest development will be removed at the owner's expense. (B) The telephone number of the local traffic law enforcement agency. The sign may also indicate that a lotion may be issued for the violation. (2) If the identity of the registered owner of the vehicle is known or readily ascertainable, the president of the association or his or her designee shall, within a reason. able time, notify the owner of the removal by first-class mail. If the identity of the owner of the vehicle is not known or ascertainable, the president of the association or his or her designee shall comply with subdivision (c) of Section 22853. (3) The president of the association or his or her designee, gives or causes to be given, notice of the removal to the local traffic law enforcement agency immediately after the vehicle has been removed. The notice shall include a description of the vehicle, the license plate number, and the address from where the vehicle was removed. (b) The association may came the removal without notice of any vehicle parked in a marked fire lane, within 15 fat of a fire hydrant, in a parking spec designated for handicapped without proper authority, or in a manner which interferes with any entrance to. or exit from the common interest development or any separate interest contained therein. (c) Notwithstanding Section 1708 of the Civil Code, the association shall not be liable for any damages incurred by the vehicle owner became of the removal of a vehicle in compliance with this section or for any damage to the vehicle caused by the removal. However, the owner of a vehicle removed potwaot to this section may recover for any damage W the vehicle which results from any intentional or negligent act of the association or any person causing the removal al. or removing, the vehicle. (d) Notwithstanding any other provision of law, sub. divisions (f) to (k) inclusive, of Section 22658 apply to the removal of vehicles pursuant to this section, (Added by State 1986, c. 1161, 13.) 448 Div. 12 § 22659. Sate or district agricultural association prop. erty; sate police Any officer of the California State Police or any person duly authorized by the state agency in possession of property owned by the state, or rented or leased from others by the state and any officer of the California State Police providing policing services to property of a district agricultural association may, subsequent to giving notice to the city police or county sheriff, whichever is appropri. ate, cause the removal of a vehicle from such property to the nearest public garage, under any of the following circumstan (a) When the vehicle is illegally parked in locations where signs are posted giving notice of violation and removal. (b) When an officer arrests any person driving or in control of a vehicle for an alleged offense and the officer is by this code or other law required to take the person arrested before a magistrate without unnecessary delay. (c) When any vehicle is found upon such property and report has previously been made that the vehicle has been stolen or complaint has been filed and a warrant thereon issued charging that the vehicle has been embezzled. (d) When the person or persons in charge of a vehicle upon such property are by reason of physical injuries or illness incapacitated to such an extent as to be unable to provide for its custody or removal. The person causing removal of such vehicle shall comply with the requirements of Sections 22852 and 22853 relating to notice. (Added by Stars 1981, c. 32. 14. eA' May 14, 1981.) Iwnnk 1 12659 vas eepeAW by Stats199% e. 1340, 1 37. § 22660. Local ordinances Notwithstanding any other provision of law, a city, county, or city and county may adopt an ordinance establishing procedures for the abatement and removal„ as public nuisances, of abandoned, wrecked, dismantled, or inoperative vehicles or parts thereof from private or Public property, and for the recovery, pursuant to Section 25845 or 38773.5 of the Government Code, or assump- tion by the local authority, of costs of administration and the removal. (Added by Stats.1967, a 1055, § 1. Amended by Stars 1970, c 417, § 1; Stott 1971, a 130, § 33 opera ive May 3, 1972,• Smrs1975, c 617, § 4 Stata1976, a 19, § 1; Stots.198a a 126, § 1.) Cron Retermces Autmo6ik dismandem In amcd, automobile dumannks, nee § it500 o seq. Defined, autamobde dismantler, ace i 22o. Deakn. In an+ dealer, see § 11700 et seq. Maned deck. see § 295. Evidence of reparation, see § 4450. J®kYsrcK see E,wnke and Pmferiom Code § 21600 a seq. Public nuisanO In anal, public nuissncq we Penal Code § 370 a seq. Defined. public nuiynce, nee Civil Code § 3490. Rmedim see Civil Code § 3490 et seq. i DATE: JANUARY 27, 1993 TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE TRAFFIC AND PARKING COMMISSION FROM: Emilio Murga, Director of Public Worksp / SUBJECT: Request For Removal of a Red Curb on Fernwood Avenue East of Fir Avenue PURPOSE To recommend that the Traffic And Parking Commission review the request for removal of red curb and make recommendations. BACKGROUND Red curbs are in existence on the north side of Fernwood Avenue from the westerly drive approach at 3655 Fernwood (Resurrection Life Center Church) to 3661 Fernwood Avenue (see attached sketch). The property owner at 3661 Fernwood Avenue has requested that the red curb in front of his property be removed in order to allow for additional on street parking. ANALYSIS Staff conducted a field check of the area and found that the red curb in question is not needed or visibility or for any other traffic purposes. Any additional traffic parking problems in the area, such as parked vehicles blocking the Church driveway or visibility from said driveway, is being addressed by the remaining existing red curb adjacent to the westerly drive approach and by selective parking enforcement. Therefore staff recommends that the red curb in front of 3661 Fernwood be painted over gray to allow for additional parking, and the remaining painted curbs to be repainted. RECOMMENDATION It is recommended that the Traffic and the painting over gray of the curb Aveue to allow for additional parking. Parking Commission approve in front of 3661 Fernwood T07 -286 MENEM • PREPARED BY DATE PAOE NO. P� 12,1443 ' T TY OF LYNWOOD PUBLIC WORKS DEPT. o � 1 CHECREO BY DATE PROJECT SUBJECT _ EM 12.It•° IZ fa —v Lup-a R mOl/AL- fl�WDDD EVE. No SCALE No-�,o¢K I tJl� S1Gn) � I sToP �.a6rJ T � FIR a,� a' SUP- R,E�TIO� �-IFE C.F.. -�1TF� i� 1� ul I d - 4 d� I7M I — sP - I .U2a13 To JE REMcJEfl 3io6� FIR a,� a' SUP- R,E�TIO� �-IFE C.F.. -�1TF� i� 1� ul I d - 4 d� I7M I — sP - I .U2a13 To JE REMcJEfl 3io6� DATE: JANUARY 27,1993 TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE TRAFFIC AND PARKING COMMISSION FROM: Emilio Murga, Director of Public Christian Valtierra, PW Division SUBJECT: Request for Traffic Engineering South of I -105 Freeway between State Street and Implementation Relief Measures PURPOSE: Works n& Super o Study for the area Bullis Road and of Interim Congestion To recommend that the Traffic and Parking Commission support staff's request to send out Request for Proposals to firms specializing in Traffic Engineering to study and make recommendations to address traffic congestion in the area south of the I -105 Freeway between Bullis Road and State Street and to review and recommend the implementation of the Interim Congestion Relief measures. BACKGROUND: The new I -105 Freeway was opened to traffic on October 14, 1993. The opening of the I -105 Freeway has caused normal traffic patterns in the City to be altered and consequently, traffic flow has increased on many of the local streets. The effects of these changed traffic patters is particularly acute in the residential areas south of the I -105 freeway east and west of Long Beach Blvd (between Bullis Road to State Street). Besides the increased traffic volume in the area, the area lacks collector streets that are wide enough to handle traffic coming and going to arterial streets. ANALYSIS': The proposed traffic study will look at traffic volumes, accident history, travel.patters, existing volume capacity of street, etc. and make recommendations as to ways to improve traffic flow, reduce delays and relieve congestion in the area. 0 • The traffic study is estimated to cost between $15,000 to $30,000. However, staff will wait until the Request for Proposals have been received and a price is negotiated before asking council for an appropriation. The study will take approximately thirty (30) days to complete. A report will be submitted to the Traffic and Parking Commission for their review and comments, and will be subsequently submitted to the City Council for final review and adoption. Since some congestion relief measures can be implemented now, staff also recommends that the attached set of "Interim Congestion Relief" measures be approved by the City Council for immediate implementation (see attached). RECOMMENDATION: To recommend that the Traffic and Parking Commission support staff's request to send out Request for Proposals to firms specializing in Traffic Engineering to study and make recommendations to address traffic congestion in the area south of the I -105 Freeway between Bullis Road and State Street and to review and recommend the implementation of the Interim Congestion Relief measures. T07 -287 2� F (! 'e INTERIM CONGESTION RELIEF MEASURES A. Josephine Street (from Bullis Road to State Street) 1. Paint red curb to side streets. 2. Reset missing No Josephine Street 3. Prohibit parking Nevada Avenue to 3n Josephine Street at approaches Parking signs on south side of east of Nevada Avenue. on south side of Josephine Street from Lindbergh Avenue. 4. Clean /replace /reset existing parking signs. 5. Clean /replace /reset existing Stop Signs. 6. Repaint existing pavement legends. 7. Perform spot patching /pavement repairs. 8. Conduct informational campaign in area regarding parking /speeding /traffic safety. 9. Review and increase street lighting at intersections. 10. Provide selective Sheriff's enforcement for traffic violations. 11. Provide selective parking enforcement, particularly at peak times. B. Cedar Avenue (from Bullis Road to State Street) 1. Paint red curbs on Cedar Avenue at approaches to side streets. 2. Repaint all existing curbs. 3. Clean /replace /reset existing parking signs. 4. Clean /replace/ reset existing stop signs. 5. Repaint existing pavement legends. 6. Conduct informational campaign in area regarding parking /speeding /traffic safety. 7. Review and increase street lighting at intersections. 8. Provide Sheriff's selective enforcement for traffic violations. 9. Provide selective parking enforcement, particularly at peak times. C. Carlin Avenue _from Bullis Road to State Street 1. Paint red curbs on Carlin Avenue at approaches to side streets. 2. Repaint all existing curbs. 3. Clean /replace /reset existing parking signs. 4. Clean /replace /reset existing Stop signs. 5. Repaint exist pavement legends. 6. Perform spot patching /pavement repairs. 7. Conduct informational campaign in area regarding parking /speeding /traffic safety. 8. Review and increase street lighting at intersections. 9. Provide Sheriff's selective enforcement for traffic violations. 10. Provide selective parking enforcement, particularly at peak times. C70-W3 I LYNWOOD TOWNE FR \ ��4 Y q HOS PI TIL TgL u�=� 0 I I Jro00yy ice NITY Pp.�l` fR �yt� - -- Gh J•00 SC,, 1N1. G IN 30 1 C —rJ ATEP MC-.AU 3 hI ��D C. �•J 12,Ia,R3ll DATE: JANUARY 27, 1993 TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE TRAFFIC AND PARKING COMMISSION ►� / FROM: Emilio Murga, Director of Public Wor '�` ► y SUBJECT: Request for Stop Sign at Lynwood Road and Lindbergh Avenue PURPOSE To recommend that the Traffic and Parking Commission review the request and support the proposed improvements at the intersection of Lynwood Road and Lindbergh Avenue. BACKGROUND A request was received from local residents for the Traffic and Parking Commission to look at traffic safety at the intersection of Lynwood Road and Lindbergh Avenue and have requested a stop sign as a way of resolving the problem. Staff has completed a study which is based on the State of California, Department of Transportation, Traffic Manual, pages 4 -37. The following data has been obtained. Existing Conditions o Type of intersection Residential • Accidents One 4/9/93 - DUI (during the past 12 months) • Traffic volumes: Lindbergh Avenue (both directions) less than 1500 vpd Lynwood Road (both directions) less 500 vehicle per day o Street width: Lindbergh Avenue 30 feet (curb to curb) north leg Lindbergh Avenue 24 feet (curb to curb) south leg Lynwood Road Lynwood Road 0 30 feet (curb to curb) west leg 30 feet (curb to curb) east leg o visibility: Lindbergh Avenue Lynwood Road Good Good Analysis: . Existing Conditions The intersection of Lindbergh Avenue and Lynwood Roads located in a residential neighborhood in the City of Lynwood. Lindbergh Avenue and Lynwood Road contain one unstriped lane in each direction of travel with on- street parking on each leg. This intersection is presently operating without stop signs. The Caltrns stop sign policy lists seven (7) conditions that may warrant installation of stop signs. Warrant No.l: On the less important road at its intersection with a main road where application of the normal right of way rule is unduly hazardous as evidence by accident susceptible to correction by stop signs. This warrant is not met since the Statewide Integrated Traffic Records System (SWITRS) for the year of 1992 shows no accidents occurred at this intersection. For 1993, the SWITRS shows one accident caused by driving -under - influence of alcohol for the first half of 1993. Warrant No. 2• On a County road or City street at its intersection with -a state highway. This warrant is not applicable. i Warrant No. 3• At the intersection of two main highways. The highway traffic to be stopped depends on approach speeds, volumes and turning movements. This warrant is not applicable. Warrant No. 4: On a street entering a legally established through highway or street. This warrant is not applicable. 0 Warrant No. 5: On a minor street where the safe approach speed to the intersection is less than 10 miles per hour. This warrant is not met. The calculated safe approach speed is 17 miles per hour. Warrant No. 6• At an unsignalized intersection in a signalized area. This warrant is not applicable. Warrant No. 7• a At other intersections where a combination of high speed, restricted view, and accident record indicates a need for control by the STOP sign. This warrant is not met since there was only one reportable accident (DUI), and the view is not restricted. Based on analysis and observations, the intersection of Lindbergh Avenue and Lynwood Road is presently operating safely without STOP signs. However, in order to improve the intersection, staff recommends the following improvements: 1. Install a 9500 lumen street light on Lindbergh Avenue between Lynwood Road and Flower Street to enhance visibility at night. 2. Remove vines growing on chain link fence a the southwest corner of the intersection of Lindbergh Avenue and Lynwood Road to enhance westbound visability. 3. Paint 25' of red curb on the south side of Lynwood Road just east of Lindbergh Avenue to enhance northbound visiblity. 4. Install No Parking Anytime signs on the east side of Lindbergh from Lynwood Road to Flower Street to provide better vehicular access. 5. Relocate wooden street light pole two (2) feet back of curb face at the northwest corner of Lindbergh Avenue and Lynwood Road to prevent vehicles making right turns from hitting pole that sits too close to the roadway. 6. Request that the Sheriff's Department monitor the intersection for speeding and traffic violations, and report back to the Traffic and Parking Commission on their findings. Staff also recommends that this intersection be placed under observation for a period of six (6) months and that it be reviewed again by the Traffic and Parking Commission in six (6) months. RECOMMENDATION To recommend that the Traffic and Parking Commission review the request and support the proposed improvements at the intersection of Lynwood Road and Lindbergh Avenue. t07 -288a • x ! d X lP x U dp-�ra-f;e& H ' EX NO pb EFX tJOT A ih>zoU�H crr, 5t6�1 WJ Y TI Mc EX, SG EX �"f L^:T, 0 a ✓x- uo �KleacT � > Tu c ( I J I �Pr_ LC Gd -t %C� ? LT tv x• Aw o r u oM L � P-6 , i 1 � fbtu _/LS' GUE c; d" ' c F A U'_ P `� l RUN 10/21/93 REPORT 8. COLLISION LOCATION DETAILS -- INVOLVED PARTY AND VICTIM DATA NCIC CA1943 SAGE 46 CUMULATIVE 01/01/93 THRU 06/30/93 ON PRIMARY RD DIST OR DAY LOC HETHRI K I HR FLT P C F N V 0 L V E D P A R T Y Sl(%3H a xxx-*> V I C T I M S FROM SECONDARY RD DATE TIME NCIC WETHR2 LIGHTING CNTL -DEV TYPCLSN P TYPE I AGE S D P MOVEMENT D V E H I C L E SP OTHER P TYPE I AGE SH RT POSTMILE S BADGE RD -SURF - COND /- COND / -COND PED ACT M V I H T N SEX 1 2 PRECEDING I T Y' P E MAKE INFO ASSOCIATED T N SEX LOCAL REPORT NO DST BEAT Y J COLLISION R STATEWIDE CHP YEAR FACTORS Y J LYNDORA 15 E SUN 1943 CLEAR - - 1 DRVR 52M IMPU H PICKUPIPAN DATS86 , BULLS RD 062793 1045 1900 DAYLIGHT CNTL OK REAREND 2 DRVR 99F HNBO H PASSISTHGN HOND87 18462 DRY NORM / / OTHER MV 2514 LYNHOOD RD 120 N WED 1943 CLEAR - 1 F 1 DRVR ALCIDRG 1 DRVR 28F HBOU PROC ST E PASSISTWGN LINC86 1 PASS V 22M LINDBERGH AV 040793 1901 1900 OUSKDAWN NO CNTL OTHER 2 PRKD PARKED E PICKUPIPAN DATS88 99999 DRY NORM / / PARKED MV LYNHOOD RD 50 E SUN 1943 CLEAR - 1 1 PED V 2F HNBD 1 PED V 2F LONG BCH BL 062793 1300 1900 DAYLIGHT NO CNTL VEHIPED 2 DRVR 19M HNBD BACKING E PICKUPIPAN FOR073 18462 DRY NORM / / IN ROAD PEDESTRAN 2517 LYNHOOD RD 47 - SAT 1943 CLEAR - - 1 UNSAFE SPEED 1 DRVR 20M HBDN LFT -TURN W PASSISTWGN FORD79 INATTENTION STATE 052293 1950 1900 DRK -LGTS CNTL OK HIT OBJ 21444 DRY NORM / / FIXED OBJ 2516 LYNHOOD RD 500 E THU 1943 CLEAR - - 1 STRTNGIBCKNG 1 DRVR 27M HNSD PROC ST N PICKUPIPAN DOME87 STATE 020493 0800 1900 DAYLIGHT NO CNTL HIT OBJ -60205 DRY NORM / / FIXED OBJ 2516 M L K JR BL FOR INTERSECTION COLLISION DETAILS, SEE BENWELL DR BENWELL OR ' M L K JR BL • MAGNOLIA AV 186 E HED 1943 CLEAR - 1 WRONG SIDE 1 DRVR 62M HNBD PROC ST E PICKUPIPAN F0RD70 2 PASS C 1M ALPINE AV 060293 1700 1900 DAYLIGHT NO CHTL SIDESWP 2 DRVR 27M HNBD PROC ST W PICKUPIPAN DOME77 79543 DRY NORM / / OTHER MV 2516 MAGNOLIA AV 80 E MON 1943 CLEAR - 1 1 PED VIOL 1 PED C 9M HNBD N 1 PED C 9M MURIEL DR 011193 1445 1900 DAYLIGHT NO CNTL VEHIPED 2 DRVR 21F HNBD PROC ST W PASSISTHGN FORD89 18462 DRY NORM / / CROSSNG PEDESTRAN 2517 *MAGNOLIA AV I THU 1943 CLEAR - - M 1 DRVR PROC ST PASSISTWGN DOME THORSON AV 030493 1210 1900 DAYLIGHT NO CNTL REAREND 2 PRKD PARKED PICKUPIPAN DOOG78 74563 DRY NORM / / PARKED MV , 2517 251 DATE: January 27, 1994 TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE TRAFFIC AND PARKING COMMISSION /;� FROM: Emilio M. Murga, Director of Public Works Christian Valtierra, Public Works Division upervisor SUBJECT: Vacation of Alley Easement First Alley East of Second Avenue From Josephine Street to the I -105 Freeway PURPOSE: To recommend that the Traffic and Parking Commission support the vacation and abandoning of the first alley east of Second Avenue from Josephine Street to the I -105 freeway. BACKGROUND: The above mentioned alley is being proposed to be vacated as part of the city's ongoing alley vacation program to vacate in the city that are not needed for circulation or access purpose. ANALYSIS: Based on an investigation conducted by the Engineering Division, it has been determined that the alley is not needed for access or circulation purposes and that utility easements will be maintained for all existing utilities in the alley. The item will be taken to City Council and a Public Hearing on the matter will be held by the City Council before making the final decision on the proposed alley vacation. RECOMMENDATION: I.t is recommended that the Traffic and Parking Commission support the vacation and abandoning of the first alley east of Second Avenue from Josephine Street to the I -105 freeway. T94 -111 FE RN WOOD AV E. � I o bnr nn T2 S lad 7 116 , ` I � LP 17 w — 0 0 N 2 0 1 3 /ae 0 16 6 0 114 a0 1oc� V4 0 W •jf ° 60 r :,sl to 70 15 oj.9 a, v poi a1 jjAf d ST C }n5F_Pt - IIN E TRACT NO 8716 cc,'/r FA B 145 -63 -64 f.0 n l� W Q I u� Z .�6 Q 0 W �d o \ � r m 0 cr IQ �� m I 0 0 0 2 Q 4 U U. 0 0 W �d o \ � r m 0 cr IQ �� m I DATE: January 27, 1994 TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE TRAFFIC AND PARKING COMMISSION FROM: Emilio M. Murga, Director of Public Work s Christian Valtierra, Public Works Division pervisor SUBJECT: Vacation'of Alley Easement, First Alley East of Third Avenue, from Josephine Street to the I -105 Freeway PURPOSE: To recommend that the Traffic and Parking Commission support the vacation and abandoning of first alley east Third Avenue from Josephine Street to the I -105 freeway. BACKGROUND: The above mentioned alley is being proposed to be vacated as part of the city's ongoing alley vacation program to vacate alleys in the city that are not needed for circulation or access purpose. ANALYSIS: Based on an investigation conducted by the Engineering Division, it has been determined that the alley is not needed for access or circulation purposes and that utility easements will be maintained for all existing utilities in the alley. The item will be taken to City Council and a Public Hearing will be held by the City Coun cil before making a final decision. RECOMMENDATION: To recommended that the Traffic and Parking Commission support the vacation and abandoning of the first alley east of Third Avenue from Josephine Street to the I -105 freeway. T94 -112 • I.1 F E kHVJOOD lu ♦ f "• ,n1 ��" ao o J Y o j z " 0 J W 'a •.o _1 3 o W W Z °w , ID w > � • so --� �— L� x p rani' j' °!..i'91,.. • i J } x V CD 5 4N �1 �,� f. {• L n Y j.' I O 44 J `� Nsfe se as 1 1 W .I 3 � 49 O 17 4 5 R 3 1 1 e_ s �, N 29 Z J{ 6 �» •e or 0 1 0 /9 ° 7 O 64 na so 1" O46 O s O P ao y 0, 0 41 + &65 o~ ,ol se 3 ••, 60 �fna,w Al ' c5 snu^ m JOS EPI -tIN� i ° °f TRACT NO. 8716 6065 (!1 Z J i p M B 145- 63- 64 fog fti ASSM - T SET 1 d � s DATE: January 27, 1994 TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE TRAFFIC AND PARKING COMMISSION FROM: Emilio M. Murga, Director of Public WorkA� Christian Valtierra, Public Works Divisi Supervisor SUBJECT: Vacation of Alley Easement First Alley East of East Alameda Street From 112th Street to Alamo Court PURPOSE: To recommend that the Traffic and Parking Commission support the vacation and abandoning of the first alley east of East Alameda Street from 112th Street to Alamo Court. BACKGROUND: The above mentioned alley is being proposed to be vacated as part of the city's ongoing alley vacation program to vacate alleys in the city that are not needed for circulation or access purpose. ANALYSIS: Based on an investigation conducted by the Engineering Division, it has been determined that the alley is not needed for access or circulation purposes and that utility easements will be maintained for all existing utilities in the alley. The item will be taken to City Council and a public hearing on the matter will be held by the City Council before making the final decision on the proposed alley vacation. RECOMMENDATION: To recommended that the Traffic and Parking Commission support the vacation and abandoning. EA Qu-E�( VACATInQ • 6081 —_ U 6089 1127 H i M ' IJ v U) :1 i,1 — 1-i t me Q �r . • BLK 13 N o 0,10 a J CI 9. >:r tia O � Q � TRACT NO 5418 M.8 59 -42 1 TRACT NO 921 CITY OF LYNWOOD (�oP05ED ,ALLE.-C �/ACATto�l IDRWG.BY CKD. BY PPROVED BY DATE LA EN01 E RE. 3563 nurF)&'. of. Americans strapped on seat belts this year, a trend advo- cat bute to'tougher laws in so�tes, the Depa%, Went reported Saturday 71' e,;1993 figure was 66%, an ins a over 62% in 1992 and '59% in , the first year the survey was 'oe in the current format Ti " ortation Secretary Fed- erico Pena said the rise translates into 50b lives saved and more than 14,OOO.serious" injuries avoided in 1993. ' " Untold pain and suffering arid: more than $1 billion in health care" and other costs to society also were avoided," he said: - Pena said his goal is to get 75% of drivers and passengers to use seat belts by 1997. He is scheduled to travel to North Carolina on Monday to high- light that state's aggressive en- forcement policy, known as "click it or ticket." Brian O'Neill, president of the Insurance Institute for Highway Safety, said compliance in North r�. liner is hf - " to a'f&w -week campaign tnvolv* random checkpoints. 'The thing that makes the difl ference is the law and the exteiit'tgt; which that law is .enforced,% O'Neill said. He said part of the 'national 1 increase also was due to up, grade in California's seat be1b aw tftat made it "primary;' id'cani__ .law enforcement officers<could" stop a motorist simply for failure to wear a seat belt. — Associated Press rile Udder New Feder:Rue e final rule on the teriala' states to decide on state s le does nQt penal- Carrier all to enforce, the , ii agency said it N.J:1 «. f :Ly -. on" enforcementk"R r., A ,radar baj ;for; automobiles "is not currently under discussion," a i, Transportation 'Department spokesman said: The: rule is tightly drawn to include all radar detectors, which alert drivel's when police are near - r.by using speedAetecting radar guns. A summary said it would cover "any device that detects radio microwaves, laser beams or these devices esrept -,J i6`4e & the law," Lautenbergsaidw'R+ '* AC 1992 study by tticlInaurance Institute for Highway Safety found that 40% of tractor - trailers oper- ating in seven Eastern states had radar.detectors. Only 4% of pas- senger cars had them." Radar detectors already are pro- hibited in Virginia and the District of Columbia.