HomeMy Public PortalAbout05-18-87 TRAFFIC & PARKING COMMISSIONAGENDA ITEMS FOR CONSIDERATION AT
THE REGULAR MEETING OF THE
LYNWOOD TRAFFIC AND PARKING COMMISSION
TO BE HELD ON MAY 21, 1987 AT 6:30 P M.
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CITY OF LYNWOOD
CITY CLERKS OFFICE
OPENING CEREMONIES
1. CALL FOR ORDER — CHAIRMAN WRIGHT
2. PLEDGE OF ALLEGIANCE
3. ACKNOWLEDGMENT OF POSTING
4. ROLL CALL OF COMMISSIONERS
ROBERT ARCHAMBAULT
WILLIAM CUNNINGHAM
VICTORIA SIMPSON
JOE DARYL BATTLE
RONALD WRIGHT
5. APPROVAL OF MINUTES
MAY 18 1987
AM PEA
118,9110 Ill 112111213141516
PUBLIC ORAL COMMUNICATIONS
SCHEDULED MATTERS
6. REVIEW OF CITY OF LYNWOOD MUNICIPAL CODE ARTICLE VII,
DIVISION 2, "ABANDONED, WRECKED, DISMANTLED AND
INOPERATIVE VEHICLES" AND SECTION 19 -114 "PARKING
VEHICLES ON PRIVATE PROPERTY."
7. HANDICAP PARKING FEE REVIEW
INFORMATI I TEMS
COMMISSION ORAL COMMENTS
---- - - - - -- - - -- -- - - - - --
ADJOURNMENT
T02.580
.1 . I
THE REGULAR MEETING OF THE TRAFFIC AND PARKING COMMISSION OF THE
CITY OF LYNWOOD
April 23, 1987
A regular meeting of the Traffic and Parking Commission of the City
of Lynwood was held on the above date in the Council Chambers of
Lynwood City Hall, 11330 Bullis Road, Lynwood, California at 6 p.m.
CALL - TO - ORDER
The meeting was called to order by Chairman Wright.
Commissioners Cunningham, Archambault, Battle and Chairman Wright
answered roll call. Present were James Devore, Associate Civil
Engineer, Sergeant Eshelman, Lynwood Sheriff's Department, Deputy
Rosenbauer, Lynwood Sheriff's Department and Oretha Williams,
Engineering Division.
ACKNOWLEDGEMENT
------------------ - - -- --
James Devore stated that the minutes of April 23, 1987, were
duly posted 72 hours prior to the scheduled meeting.
APPROVAL
----------- - - - - --
Commissioner Cunningham motioned to accept the minutes of
April 23, 1987. The motioned was seconded by Commissioner
Battle. It was passed unanimously.
PUBLIC - ORAL - COMMUNICATIONS
Mr Joe Smith of 12735 Waldorf Drive,
representing Waldorf Drive from Oland
had several complaints. He exclaimed
curbside using more than enough space
parking in front of their property.
•
a Block Watch Captain,
a Street to McMillan,
that cars are parking
preventing residents from
Mr. Smith stated that some stripped cars are left parked on
street.
Mr. Smith stated that cars parked on street days are not being
ticketed during street sweeping hours.
Mr. Smith stated that he is aware that their is a 72 hour period
for which cars are allowed to be park on street before the
Sheriff's will take action, however, he asked that this 72 hour
period be changed
1
Chairman Wright stated that those cars parking along the curb
are parked within the law.
Commissioner Cunningham asked Mr. Smith if he had any -
suggestions.
Mr. Smith suggested that the Sheriff's patrol the area.
Joe Battle stated that if a car is stolen it is normally moved
once information is received.
Joe Smith expressed concern of the street not having ample parking
for the residents once proposed building is constructed on block.
Joe Smith expressed concern of a neighbor who creates loud
noises with his motor -cycle all times of the day and night.
SCHEDULED
7. HANDICAP PARKING REQUEST, 5149 LAVINIA AVENUE
James Devore informed the Commission that Mrs. Debra Gomez of
5149 Lavinia Avenue had completed her application. Based on the
application information, he stated that staff request the
Commission's support to grant the handicap parking in front of
the resident.
Commissioner Cunningham asked if each handicap case will be
brought before the Commission once a year.
James Devore replied that each case will be reviewed annually.
Chairman Wright asked if the fee will cover the cost for the
entire expenditure, painting and posting signs, and asked how
much would be the actual cost.
James Devore stated that the fee is only for services rendered
and the cost is approximately $75 to $100
Chairman Wright asked if the curb will be painted each year.
James Devore replied that the handicap spaces are only painted
as needed.
Commissioner Wright suggested that the fee be increased.
Commissioner Cunningham stated that the actual amount should be
charged for expenses.
Chairman Wright suggested an increase of $5 to the existing
amount
James Devore recommended that the Commission wait to consider
an increase
2
8. REVIEW OF HANDICAP ORDINANCE
The Commission reviewed the Handicap Ordinance.
9. REVIEW OF CITY HALL PARKING LOT
James Devore briefly explained the changes that the City is
making to the City Hall Parking lot.
Commissioner Archambault asked James Devore what will be the cost.
James Devore replied that the City crews will be doing the work.
Chairman Wright asked if more lighting will be installed.
James Devore stated that 2 lights will be placed on the South
side of the alley. He stated that handicap improvements to the
City Hall complex are being done on an annual basis.
INFORMATIONAL
-------------- - - --
James Devore reviewed and gave an update on the following
Informational Items:
1. Lorrain Street Project - between Century Boulevard and
108th Street
2. Vacation of the first alley North of Century Boulevard
between Bullis Road and Ernestine Avenue.
3. Olanda Street Reconstruction Project. This project will
start in approximately 3 weeks.
4. Century Boulevard Street Improvement Project. This project
will began tomorrow or Monday.
5. Removal of contaminated materials from the Wilco Dump Site.
This project has started, the excavation and bring in of the
soil.
Commissioner Cunningham asked how Item 3, Olanda Street,
qualifies for HCDA funding.
James Devore informed the Commission that this project is part of
HCDA improvements.
Commissioner Archambault asked how long does thermoplastic
markings last
James Devore stated that the life expectancy is 5 to 8 years.
3
Commissioner Battle expressed concern of the scheduled trucks
that will be hauling contaminated material through the City and
asked if the trucks will be monitored.
James Devore stated that the trucks will not travel through the
City, and each truck will be completely sealed.
COMMISSIONER - ORALS
Commissioner Cunningham mentioned the by -laws in relation to new
Commission appointee.
James Devore stated that a Commissioner can be removed from the
Commission after a third unexcused absence.
Commissioner Cunningham directed staff to trees on private
property growing into City lights on the North side of Abbott
Road the from 3800 block to 4400 block of Abbott and the
addresses are as follows:
* *4111 Abbott Road
3809 Abbott Road
4165 Abbott Road
4361 Abbott Road
4419 Abbott Road
*4473 Abbott Road
* *These trees are stressed on top of the standards
*Insulate is pulled off of pole.
Commissioner Cunningham exclaimed that people are selling cars
on private property at the Lucky Market's old gas station on
Abbott Road, without the consent of the owner. He stated that
staff need to follow up on this and make it a public record.
Chairman Wright stated that he noted several satilite dishes
at the following addresses.
11689 Lugo Park, satilite is North of Fernwood
11024 Duncan Avenue, satilite on the side.
11100 Elm Street, satilite possibly too high.
3992 Lugo Avenue, satilite in front of house.
Chairman Wright stated that he had a copy of the letter that
was forwarded to Southern California Edison regarding reported
street lights out.
James Devore informed the Commission that the letter was sent to
Southern California Edison because of the large number of lights
reported out. He stated that Edison claims that a lot of
street lights have been shot out.
4
Deputy Rosenbauer introduced Sergeant Eshelman of the Lynwood
Sheriff's Department to the Commission.
The Commission welcomed Sergeant Eshelman.
ADJOURNMENT
A motion was made by Commissioner Archambault to adjourn to
the 3rd Thursday, May 21, 1987, at 6.30 p.m., of the Traffic and
Parking Commission in the City Council Chambers. Meeting
adjourned at (7 35 p.m.).
T02 520
5
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.DATE: MAY 21, 1987
TO: THE HONORABLE CHAIRMAN AND MEMBERS OF THE
TRAFFIC AND PARKING COMMISSION
FROM JOSEPH Y. WANG, P.E., DIRECTOR OF PUBLIC WORKS/
CITY ENGINEER
SUBJECT: REVIEW OF CITY OF LYNWOOD MUNICIPAL CODE
ARTICLE VII, DIVISION 2, "ABANDONED, WRECKED, DISMANTLED
AND INOPERATIVE VEHICLES" AND SECTION 19 -114 "PARKING
VEHICLES ON PRIVATE PROPERTY."
BACKGROUND
Attached is a copy of the Lynwood Municipal Code and the
California Vehicle Code relating to towing. Concern has been
raised regarding the adequacy of the City's Ordinance on this
matter.
ITEM 6
T02.560
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§ 19 -111 MOTOR VEHICLES AND TRAFFIC § 19 -114
(b) When official signs are erected indicating no parking
upon that side of a street adjacent to any school property, no
person shall park a vehicle in any such designated place. (Ord.
No. 700, § 126; Code 1961, § 22.81)
State law reference— Authority to prohibit parking on certain streets
or portions thereof, Vehicle Code, § 22507
Sec. 19 -112. Parking on narrow streets.
(a) The chief of police is hereby authorized to place signs
or markings indicating no parking upon any street when the
width of the roadway does not exceed thirty (30) feet, or upon
one (1) side of a street as indicated by such signs or
markings when the width of the roadway does not exceed
forty (40) feet.
(b) When official signs or markings prohibiting parking
are erected upon narrow streets as authorized by subsection
(a), no person shall park a vehicle upon any such street in
violation of the sign or marking. (Ord. No. 700, § 127; Code
1961, § 22.82)
Sec. 19 -113. Stopping, standing or parking in alleys.
No person shall stop, stand or park a vehicle for any pur-
pose other than the loading or unloading of persons or materi-
als in any alley. i 3 Ord. No. 700, § 145; Code 1961, § 22.83)
Sec. 19 -114. Parking vehicles on private property.
(a) There are privately owned and maintained off - street park-
ing facilities located within the City of Lynwood as designated
from time to time by resolution of the city council that are gener-
ally held open for use of the public for purposes of vehicular
parking Such off- street parking facilities are hereby made sub-
ject to the public traffic regulations and controls contained in
Chapter 19 of this Code and the provisions of the California
Vehicle Code, Sections 22350, 22507.8, 22658, 23103, and 23109
and the provisions of Division. 16 5 commencing with Section
38000 shall apply to such off- street parking facilities.
Supp. No. 31
1199
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§ 19 -114 LYNWOOD CODE' § 19 -116
(b) Notwithstanding the provisions of paragraph (a), the provi-
sions of paragraph (a) shall not apply to any off - street parking
facility unless the owner or operator has caused to be posted in a
conspicuous place at each entrance to such off- street parking
facility a notice not less than seventeen (17) inches by twenty -two
(22) inches in size with lettering not less than one inch in height
to the effect that such off - street parking facility is subject to
public traffic regulations and control.
(c) No person shall cause, suffer or permit any motor vehicle to
remain stationery upon any privately owned land without the
consent of the owner or occupant thereof. Any condition caused or
permitted to exist in violation of this paragraph shall be deemed
a public nuisance and any person creating, causing, committing,
maintaining or permitting such a nuisance shall be guilty of a
misdemeanor. (Ord. No. 678, §§ 2, 29; Ord. No. 706, § 7; Code
1961, § 22.84; Ord. No. 1164, § 1, 5 -4 -82; Ord. No. 1203, § 1,
6 -7 -83)
Sec. 19 -115. Emergency no- parking signs.
(a) Whenever the city traffic engineer shall determine that
an emergency traffic congestion is likely to result from the
holding of public or private assemblages, gatherings, func-
tions or other reasons, the city traffic engineer shall have
power and authority to order temporary signs to be erected or
posted indicating that the operation, parking or standing of
vehicles is prohibited on such streets and alleys as the city
traffic engineer shall direct during the time such temporary
signs are in place. Such signs shall remain in place only during
the existence of the emergency and the city traffic engi-
neer shall cause the signs to be removed promptly thereafter.
(b) When signs authorized by this section are in place
giving notice thereof, no person shall operate, park or stand
any vehicle contrary to the directions and provisions of the
signs. (Ord. No. 700, § 131; Code 1961, § 22.85)
Sec. 19 -116. Parking pushcart or similar vehicle to sell goods
or wares.
(a) Except as provided in this section, no person shall
stand or park any lunch wagon, ice cream truck, or other
Supp. No. 31 1200
0 9
19 -169 MOTOR VEHICLES AND TRAFFIC § 19 -181
inclusive, of the Vehicle Code pertaining to notice to owners
and garagekeeper's lien, shall apply in the event of such
removal. (Ord. No. 700, § 214; Code 1961, § 22.120)
Sec. 19 -160. Prima facie presumption that registered owner
violated division.
In any prosecution charging a violation of any of the provi-
sions of this division governing the stopping, standing or
parking of a vehicle in any public off - street parking lot, proof
that the particular vehicle described in the complaint was
stopped, standing or parking in violation of any provision of
this division, together with proof that defendant named in the
complaint was at the time of such stopping, standing or park-
ing the registered owner of such vehicle, shall constitute in
evidence a prima facie presumption that the registered owner
of such motor vehicle was the person who stopped, left stand-
ing or parked such motor vehicle at the point where and for
the time during which such violation occurred. (Ord. No. 700,
§ 215; Code 1961, § 22.121)
Secs. 19- 161 -19 -170. Reserved.
ARTICLE VII. MOTOR VEHICLES*
DIVISION 1. RESERVED
Secs. 19- 171 -19 -180. Reserved.
DIVISION 2. ABANDONED, WRECKED, DISMANTLED
, AND INOPERATIVE VEHICLESt
Sec. 19 -181. Definitions.
For the purposes of this division, the following words and
phrases shall have the meanings respectively ascribed to them
by this section:
'Cross reference — Requirements of vehicles used as taxicabs, § 31 -80
et seq.
tCross reference —Lost or abandoned property, § 22 -52 et seq.
State law references — Removal of parked and abandoned vehicles,
Vehicle Code, § 22650 et seq.; local removal of parked and abandoned
vehicles, Vehicle Code, § 22652; local ordinances providing for the re-
moval of vehicles constituting a nuisance, Vehicle Code, § 22660.
Supp. No. 1
1213
§ 19 -181 LtNWOOD CODE § 19 -183
Highway. A way or place of whatever nature, publicly
maintained and open to use of the public for purposes of
vehicular travel. Highway includes street. '
Owner of the land. Owner of the land on which the vehicle,
or parts thereof, is located, as shown on the last equalized
assessment roll.
Owner of the vehicle. The last registered owner and legal
owner of record.
Public property. Does not include "highway ".
Vehicle. A device by which any person or property may be
propelled, moved, or drawn upon a highway, except a device
moved by human power or used exclusively upon stationary
rails or tracks. (Code 1961, § 22.151; Ord. No. 842, § 1;
Ord. No. 903, § 1, 1 -4 -72)
Sec. 19 -182. Vehicles not subject to this division.
(a) This division shall not apply to:
(1) A vehicle or part thereof which is completely enclosed
within a building in a lawful manner where it is not
visible from the street or other public or private prop-
erty; or,
(2) A vehicle or part thereof which is stored or parked in a
lawful manner on private property in connection with
the business of a licensed dismantler, licensed vehicle
dealer, a junk dealer or when such storage or parking
is necessary to the operation of a lawfully conducted
business or commercial enterprise.
(b) Nothing in this section shall authorize the maintenance
of a public or private nuisance as defined under provisions of
law other than Chapter 10 (commencing with section 22650)
of Division 11 of the state Vehicle Code and this division.
(Code 1961, § 22.151; Ord. No. 842, § 1; Ord. No. 903, § 1,
1 -4 -72)
Sec. 19 -183. Findings of the city council.
In addition to and in accordance with the determination
made and the authority granted by the state under section
Supp. No. 1
1214
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§ 19 -183 MOTOR VEHICLES AND TRAFFIC § 19 -185
22660 and subsequent sections of the state Vehicle Code to
remove abandoned, wrecked, dismantled, or inoperative ve-
hicles or parts thereof as public nuisances, the city council
hereby makes the following findings and declarations:
The accumulation and storage of abandoned, wrecked, dis-
mantled, inoperative vehicles or parts thereof on private or
public property not including highways is hereby found to
create a condition tending to reduce the value of private prop-
erty, to promote blight and deterioration, to invite plundering,
to create fire hazards, to constitute an attractive nuisance
creating a hazard to the health and safety of minors, to create
a harborage for rodents and insects and to be injurious to the
health, safety and general welfare. Therefore, the presence of
an abandoned, wrecked, dismantled or inoperative vehicle or
part thereof on private or public property not including high-
ways, except as expressly hereinafter permitted, is hereby
declared to constitute a public nuisance which may be abated
as such in accordance with the provisions of this division.
(Code 1961, § 22.150; Ord. No. 842, § 1)
Sec. 19 -184. Division supplemental to other laws.
This division is not the exclusive regulation of abandoned,
wrecked, dismantled or inoperative vehicles within the city. It
shall supplement and be in addition to the other regulatory
codes, statutes, provisions of this Code and other city ordi-
nances heretofore or hereafter enacted by the city, the state
or any other legal entity or agency having jurisdiction. (Code
1961, § 22.152; Ord. No. 842, § 1)
Sec. 19 -185. Chief of police to be enforcement officer.
Except as otherwise provided in this division, the provisions
of this division shall be administered and enforced by the
chief of police. In the enforcement of this division, the chief
of police and his deputies may enter upon private or public
property to examine a vehicle or parts thereof, or obtain
information as to the identity of a vehicle and to remove or
cause the removal of a vehicle or part thereof declared to be a
nuisance pursuant to this division. (Code 1961, § 22.153;
Ord. No. 842, § 1)
Supp. No. 3 1215
0 0
§ 19 -186 LYNWOOD CODE § 19 -188
Sec. 19 -186. .authority - to remove vehicles by contractors
under franchise.
When the city council has contracted with or granted a
franchise to any person or persons, such person or persons
shall be authorized to enter upon private property or public
property to remove or cause the removal of a vehicle or parts
thereof declared to be a nuisance pursuant to this division.
(Code 1961, § 22.154; Ord. No. 842, § 1)
Sec. 19 -187. Assessment of administrative costs.
The city council shall from time to time determine and fix
an amount to be assessed as administrative costs, excluding
the actual cost of removal of any vehicle or parts thereof,
under this division. (Code 1961, § 22.155; Ord. No. 842, § 1}
Sec: 19 -188: Authority to cause abatement, removal of ve-
hicles; notices of intention; hearing and notice
required; action without hearing authorized.
(a) Upon discovering the existence of an abandoned,
wrecked, dismantled, or inoperative vehicle, or parts thereof,
on private property or public property within the city, the
chief of police shall have the authority to cause the abatement
and removal thereof in accordance with the procedure pre-
scribed herein. A ten (10) day notice of intention to abate
and remove the vehicle, or parts thereof, as a public nuisance
shall be mailed by registered mail to the owner of the prop-
erty on which the vehicle is located and to the owner of
the vehicle itself, unless the vehicle is in such condition that
identification numbers are not available to determine owner-
ship. The notices of intention shall be in substantially the foI=
lowing forms:
NOTICE OF INTENTION TO ABATE AND REMOVE AN
ABANDONED, WRECKED, DISMANTLED, OR INOPERA-
TIVE VEHICLE OR PARTS THEREOF AS A PUBLIC
NUISANCE
(Name and .address of owner of the land)
As owner shown on the last equalized assessment roll
of the land located at (address), you are hereby notified
Supp. No. 3
1216
§ 19 -188 MOTOR VEHICLES AND TRAFFIC § 19 -188
that the undersigned pursuant to (section of municipal
code) has determined that there exists upon said land an
abandoned, wrecked, dismantled or inoperative vehicle or
parts thereof registered to ----------------------------------------------------
license number --------- _.------ - - - - -- , which constitutes a public
nuisance pursuant to the provisions of Article VII, Division
2 of Chapter 19 (section 19 -181 et seq.) of the Code of the
City of Lynwood.
You are hereby notified to abate said nuisance by the
removal of said vehicle or said parts thereof within ten (10)
days from the date of mailing of this notice, and, upon
your failure to do so, the same will be abated and removed
by the city and the costs thereof, together with administra-
tive costs, assessed to you as owner of the land on which
said vehicle or said part thereof is located.
As owner of the land on which said vehicle or said part
thereof is located, you are hereby notified that you may,
within ten (10) days after the mailing of this'notice of
intention, request a public hearing, and, if such a request
is not received by the hearing officer within such ten (10)
day period, the chief of police shall have the authority to
abate and remove said vehicle or said part thereof as a
public nuisance and assess the costs as aforesaid without a
public Gearing. You may submit a sworn written statement
within such ten (10) day period denying responsibility for
the presence of said vehicle or said ports thereof on said
land, with your reasons for denial, and such statement shall
be construed as a request for hearing at which your lires-
ence is not required. You may appear in person at any
hearing requested by you or the owner of the vehicle or,
in lieu thereof, may present a sworn written statement
as aforesaid in time for consideration at such hearing.
Notice mailed - -- ------- - - - - -- .__- - - -- s/
(date) Chief of Police of the
City of Lynwood
Supp. No. 3
1215
§ 19 -188 LYNWOOD CODE § 19 -188
NOTICE OF INTENTION TO ABATE AND REMOVE AN
ABANDONED, WRECKED, DISMANTLED OR INOPER-
ATIVE VEHICLE OR PARTS THEREOF AS A PUBLIC
NUISANCE
(Name and address of last registered and /or legal owner
of record of vehicle— notice should be given to both if
different)
As last registered and /or legal owner of record of
(description of vehicle —make, model, license, etc.) you are
hereby notified that the undersigned pursuant to (section
of municipal code) has determined that said vehicle or parts
thereof exists as an abandoned, wrecked, dismantled or in-
operative vehicle at (describe location on public or private
property) and constitutes a public nuisance pursuant to the
provisions of Article VII, Division 2 of Chapter 19 (section
19 -181 et seq.) of the Code of the City of Lynwood.
You are hereby notified to abate said nuisance by the
removal of said vehicle or said parts thereof within ten (10)
days from the date of mailing of this notice.
As registered and /or legal owner of record of said
vehicle or said parts thereof, you are hereby notified that
you may, within ten (10) days after the mailing of this
notice of intention, request a public hearing, and, if such
a request is not received by the hearing officer within such
ten (10) day period, the chief of police shall have the
authority ; to abate and remove said vehicle or said parts
thereof without a hearing.
Noticemailed -------------------- - - - - -- s/ --------------------------------------
(date) Chief of Police of the
City of Lynwood
(b) Upon request by the owner of the vehicle or owner of
the land received by the chief of police within ten (10) days
after the mailing of the notices of intention to abate and
remove, a public hearing shall be held by the hearing officer
on the question of abatement and removal of the vehicle or
parts thereof as an abandoned, wrecked, dismantled or in-
Supp. No. 3
1218
9
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§ 19 -188 MOTOR VEHICLES AND TRAFFIC § 19 -189
operative vehicle, and the assessment of the administrative
costs and the cost of removal of the vehicle or part thereof
against the property on which it is located.
(c) If the owner of the land submits a sworn written
statement denying responsibility for the presence of the
vehicle on his land within such ten (10) day period, said
statement shall be construed as a request for a hearing which
does not require his presence. Notice of the hearing shall be
mailed, by registered mail, at least ten (10) days before the
hearing to the owner of the land and to the owner of the
vehicle, unless the vehicle is in such condition that identifica-
tion numbers are not available to determine ownership. If such
a request for hearing is not received within said ten (10)
days after mailing of the notice of intention to abate and
remove, the city shall have the authority to abate and remove
the vehicle or parts thereof as a public nuisance without hold-
ing a public hearing. (Ord. No. 903, § 2, 1 -4 -72; Ord. No. 943,
§ 1, 7 -3 -73)
Sec. 19 -189. Hearing procedure; findings.
(a) All hearings under this division shall be held before
the hearing officer who shall hear all facts and testimony he
deems pertinent. Said facts and testimony may include testi-
mony on the condition of the vehicle or parts thereof and the
circumstances concerning its location on the said private
property or public property. The hearing officer shall not be
limited by the technical rules of evidence. The owner of the
land may °appear in person at the hearing or present a sworn
written statement in time for consideration at the hearing,
and deny responsibility for the presence of the vehicle on the
land, with his reasons for such denial.
(b) The hearing officer may impose such conditions and
take such other action as he deems appropriate under the
circumstances to carry out the purpose of this division. He
may delay the time for removal of the vehicle or parts thereof
if, in his opinion, the circumstances justify it. At the con-
clusion of the public hearing, the hearing officer may find
that a vehicle or parts thereof has been abandoned, wrecked,
dismantled, or is inoperative on private or public property
Supp. No, 3
1219
§,19 -189 : LYNWOOD CODE § i9 -190
and order the same removed from the property as a public
,nuisance app, disposed of as hereinafter provided and de-
termine that administrative costs and the cost of removal
to -be charged against the owner of the land, The order re-
quiring removal shall include a description of the vehicle or
part thereof and the correct identification number and license
number of the vehicle, if available at the site.
(c) If it is determined at the hearing that the vehicle was
placed on the land without the consent of the owner of the
land and, that he. has not subsequently acquiesced in its pres-
ence, the hearing officer shall not assess the costs of adminis-
tration or removal of the vehicle against the property upon
which the vehicle is located or otherwise, attempt to collect
such costs from such owner of the land.
(d) If the owner of the land submits a sworn written state
ment denying responsibility for the presence of the vehicle onn
his land but does not appear, or if an interested party makes a
written presentation to the hearing officer but does not ap-
pear, he shall be notified in writing of the decision. (Code
1961, § 22.158'; Ord. No. 842, § 1; Ord. No. 903, § 2, 1 -4 -72)
Sec. 19 -190. Appeal from decision of hearing officer.
(a) Any interested party in a nuisance abatement proceed-
ing held pursuant to this division may appeal the decision of
the hearing officer by filing a written notice of appeal with
such hearing officer in five (5) days after his decision.
(b) An appeal made pursuant to subsection (a) shall be
heard by the city council which may affirm, amend or reverse
the order or take other action deemed appropriate.
(c) The clerk shall give written notice of the time and place
of the appellate hearing to the appellant and those persons
to whom notice of the original hearing shall be given.
(d) In conducting the hearing the city council shall not be
limited by the technical rules of evidence. (Code 1961, §
22.159; Ord. No. 842, § 1)
Sapp. No. 3
1220
§ 19 -191 MOTOR VEHICLES AND TRAFFIC § 19 -194
ti
i
Sec. 19 -191. Disposal of vehicle or parts.
Five (5) days after adoption of the order declaring a vehicle
or parts thereof to be a public nuisance, five (5) days from
the date of mailing of notice of the decision if the notice is
required by this division, or fifteen (15) days after such action
of the city council authorizing removal following appeal, the
vehicle or parts thereof may be disposed of by removal to a
scrapyard or automobile dismantler's yard. After a vehicle has
been removed it shall not thereafter be reconstructed or
made operable. (Code 1961, § 22.160; Ord. No. 842, § 1)
Sec. 19 -192. Notice of removal to be given to department of
motor vehicles.
Within five (5) days after the date of the removal of a ve-
hicle or parts thereof, notice shall be given to the department
of motor vehicles identifying the vehicle or parts thereof re-
moved. At the same time, there shall be transmitted to the
department of motor vehicles any evidence of registration
available, including registration certificates of title and license
plates. (Code 1961, § 22.161; Ord. No. 842, § 1)
Sec. 19 -193. Payment of assessment of costs.
If the administrative costs and the cost of removal which
are charged against the owner of a parcel of land pursuant to
this division are not paid within thirty (30) days of the date
of the order or the final disposition of an appeal therefrom,
such costs shall be assessed against the parcel of land pur-
suant to section 38773.5 of the state Government Code and
shall be transmitted to the tax collector for collection. The
assessment shall have the same priority as other city or
county taxes. (Code 1961, § 22.162; Ord. No. 842, § 1)
DIVISION 3. CITY REFERRAL TOWING SERVICES*
Sec. 19 -194. "City referral," defined.
The term_, "city referral," shall mean those instances when
-any member of the sheriff's department orders or requests
'Editor's note —Ord. No. 1040, § 1, adopted June 29, 1978, amended the
Code by adding, §§ 19 -184 through 19 -214 as herein set out. Said pro-
visions have been designated "Division 3. City Referral Towing Services,"
nt the discretion of the editor.
Supp. No. 16 1221
§ 19 -194 LYNWOOD CODE $ 19 -196
towing service from permittees whether such service involves
city vehicles or private vehicles desired to be moved by mem-
bers of the sheriff's department pursuant to provisions of
law. The term "city referral towing business," shall mean
that portion of permittees' business or revenue attributable
from city referrals. (Ord. No. 1040, § 1, 6- 29 -78)
Sec. 19 -195. Permit required.
In order to be eligible to receive city referrals, a towing
business shall beforehand have duly obtained a referral towing
service permit.
(a) Applications for permits to provide towing service
upon referral by the city shall be made on forms
furnished by the license collector containing spaces for
such information with reference to the applicant as
the sheriff's department may reasonably require. All
information required shall be given under oath.
(b) Each application shall be accompanied by a true photo-
graph of each applicant approximately one and one -
half (1 1 /2) inches square and taken within thirty (30)
days of the date of application and by the true finger-
prints of the thumb and fingers of each hand of each
applicant. In the case of a corporation, such photo-
graph and fingerprints shall be furnished by the presi-
dent and vice - president, secretary and treasurer of
the corporation; in the case of a partnership or firm,
of each member or partner of the partnership or firm;
in the case of individuals, of each individual applicant.
(c) Failure to furnish the required truthful information,
photograph and fingerprints shall be sufficient grounds
for denial of any application. (Ord. No. 1040, § 1,
6-29-78)
Sec. 19 -196. Public hearing required.
(a) Upon the filing of an application for a permit to pro-
vide city referred towing service, the city council shall fix the
time and date for public hearing thereon. The council shall
Supp. No. 16
1222
! •
§ 19 -196 MOTOR VEHICLES ANI) TRAFFIC § 19 -198
refer the matter to the city manager who shall cause an in-
vestigation to be made respecting the necessity for the pro-
posed service with the city.
(b) At least ten (10) days' written notice of the time and'
place set for the public hearing shall be given to the appli-
cant, and to all persons then holding permits. Notice shall also
be given the general public by posting a notice of such hear-
ing on the bulletin board in the main lobby of the city hall at
least ten (10) days prior to such hearing. Any interested per-
son may file with the city manager a memorandum in sup-
port of or in opposition to the issuance of a permit and cer-
tificate. At the public hearing of the matter, evidence may be
received with reference thereto but shall not necessarily be
limited to the matters contained in the application. In con-
ducting such hearings, the city council shall, among other
matters as it may deem pertinent, take into consideration the
number of referral towing services already in lawful opera-
tion in the city; the probable effect of increased service to
the city; the character, experience, and personal financial re-
sponsibility of the applicant; the capacity and ability of the
applicant to satisfactorily perform referred towing services,
and other factors relevant to the application. (Ord. No. 1040,
§ 1, 6- 29 -78)
Sec. 19 -197. Issuance of permit.
If the city council finds that additional referral towing
services for city referred business is required in the public
interest, and if the applicant is fit, willing, and able to per-
form such further referral towing service and to conform to
the provisions of this code and other legal provisions and
rules promulgated by the city council, the city council may
issue a permit stating the name and address of the applicant
under such permit, and the date of issuance. (Ord. No. 1040,
§ 1, 6- 29 -78)
Sec. 19 -198. Permit tax and penalties.
Each permittee shall pay to the city a sum equal to five
(5) per cent of that portion of permittees' gross receipts de-
Supp. No. 16
1223
T
§ 19 -198
LYNw00D CODE
§ 19 -201
rived from or attributed to city's referred business. Such
payments shall be made on or before the last day of the
month following the close of each calendar quarter and pay-
able in addition to permittees' general business tax. Any per -
mittee who fails to remit said quarterly payments imposed
by this article within the time required shall pay a penalty
of ten (10) per cent of the amount due in addition to the
quarterly payment. (Ord. No. 1040, § 1, 6- 29 -78)
Sec. 19 -199. Accounting records required for audit purposes.
Each permittee shall maintain separate accounting records
of all charges for impounded and stored vehicles. Such rec-
ords shall be available to representatives of the finance de-
partment for audit purposes. (Ord. No. 1040, § 1, 6- 29 -78)
Sec. 19 -200. Towing fee rates.
The maximum rates to be charged for referral towing ser-
vices shall be those rates which the city council may, from
time to time, establish by resolution. Upon the adoption of
any such resolution, the city clerk shall immediately forward
a certified copy of such resolution to all permittees holding a
then current permit under this article. (Ord. No. 1040, § 1,
6-29-78)
Sec. 19 -201. Tow car requirements.
All towing equipment used by city referral towing service
permit holders shall comply with the following requirements:
(a) All applicable sections of tow car requirements listed
in the California Vehicle Code;
(b) Adequate equipment to handle any passenger vehicle,
motorcycles and /or large and small trucks, trailers,
tractors and other similar heavy equipment. Standard
tow truck or trucks shall be used, not converted pick-
up trucks;
(c) A cable winch of sufficient size and capacity to re-
trieve vehicles which have gone over embankments or
Supp. No. 16
1224
0
0
§ 19 -201 MOTOR VEHICLES AND TRAFFIC § 19 -203
off travelled portions .of roadways into inundated areas
or other inaccessible locations;
(d) Tow car operators must be proficient in unlocking
locked vehicles on police order when required; and
(e) Tow trucks shall be radio - equipped with equipment
approved by the police department. (Ord. No. 1040,
§ 1, 6- 29 -78)
Sec. 19 -202. Obligation to serve; response time.
Permittees are required to respond to any and all calls from
a member of the sheriff's department for towing services
within the city and shall provide such services for any vehicle
as directed by the member of the sheriff's department. Re-
sponse time for referral services shall be within fifteen (15)
minutes of such requests. The city council may suspend or
revoke a permit issued pursuant to these provisions for fail-
ure to comply with this section. (Ord. No. 1040, § 1, 6- 29 -78)
Sec. 19 -203. Storage requirements.
Referral towing service operators granted permits here-
under shall conform to the following storage requirements:
(a) Storage lots must be properly fenced with a suitable
material, six (6) feet in height; lots must be equipped
so as to provide adequate lighting during the hours of
darkness and shall be provided with ample facilities
for locking vehicles and providing security.
(b) Vehicles requiring special handling for investigation,
that is, fingerprinting, photographing, searching, etc.
must be under a roof in a building capable of being
secured.
(c) The official towing service and garage will be available
on a twenty- four -hour basis and an attendant shall be
available within fifteen (15) minutes to answer re-
quests for service at the official towing service garage.
Supp. No. 16
1225
0
0
§ 19 -203 LYNWOOD CODE § 19 -204
(d) Whenever the term "day" is mentioned in these re-
quirements, it is to be interpreted as a twenty -four-
hour period from the time of impoundment.
(e) All police tows shall be considered as a police impound.
All other tows shall be agreed upon between the owner
of the vehicle and the contractor. (Ord. No. 1040, § 1,
6-29-78)
Sec. 19 -204. Insurance requirements.
Each referral towing service operator granted a permit
hereunder shall comply with the following insurance require-
ments:
(a) Each referral towing company shall furnish the city
a policy or certificate of liability insurance in which
the city is named insured or is named as an additional
insured with the contractor. The insurance hereunder
is primary and shall be noncontributory to any other
insurance available. The policy shall insure the city, its
officers and employees while acting within the scope
of their duties against all claims arising out of or in
connection with the permit. Each towing company
shall maintain these policies and shall maintain the
following insurance in amounts not less than those
specified below:
(1) Workers' compensation and employer's liability in
accordance with applicable law.
(2) Comprehensive general liability:
a. Bodily injury liability in the amount of five
hundred thousand dollars ($500,000.00) for
each person in any one accident and one
million dollars ($1,000,000.00) for injuries
sustained by two (2) or more persons in any
one accident;
b. Property damage liability in the amount of
one hundred thousand dollars ($100,000.00)
for each accident and five hundred thousand
Supp. No. 16
1226
§ 19 -204 MOTOR VEHICLES AND TRAFFIC § 19 -206
dollars ($500,000 00) aggregate for each year
of the policy.
(3) Comprehensive autonwbi.le liability:
a. Bodily injury liability coverage of five hun-
dred thousand dollars ($500,000.00) for each
person in one accident, and one million dol-
lars ($1,000,000.00) for injuries in any one
accident.
b. Property damage liability of five hundred
thousand dollars ($500,000.00) for each acci-
dent.
(b) The city shall be notified by certified mail not less
than thirty (30) days before expiration or cancellation of
said policies in effect. (Ord. No. 1040, § 1, 6- 29 -78)
Sec. 19 -205. Reocrds; availability; provisions.
Referral tow service and storage garage operators shall
maintain records of all impounded and stored vehicles ordered
by the sheriff's department at their places of business. Such
records shall be available to police officers and the license
collector or his authorized representatives only. These records
must be retained for at least two (2) years. The records to be
maintained should include but are not limited to the following:
(a) CHP Form 180, Report of Impounded Vehicles;
(b) CHP Form 126, Report of Notification of Impound;
(c) Copies of registered letter to vehicle owner;
(d) Inventory list of personal property in impounded and
stored vehicles; and
(e) Charge sheets listing tow charges and storage fees of
each individual vehicle and when possible containing
the owner's release signature. (Ord. No. 1040, § 1,
6-29-78)
Sec. 19 -206. Scene of accident.
When
a tow
truck has
been dispatched
to the scene of
an
accident
or to
a vehicle
which has been
impounded
by
the
Supp. No. 16
1227
•
C]
§ 19 -206 LYNw00D CODE § 19 -211
sheriff's department, the tow truck operators shall cooperate
with the police officer in removing hazards and illegally
parked vehicles off the street. (Ord. No. 1040, § 1, 6- 29 -78)
Sec. 19 -207. Record log required to be kept by tow service.
The referral tow service and storage garage operators shall
keep a record log showing the time and date that they re-
ceive each and every call from the sheriff's department. (Ord.
No. 1040, § 1, 6- 29 -78)
Sec. 19 -208. Vehicle release.
No work or contract shall be entered into between the re-
ferral tow service and the storage garage operator and the
vehicle owner or his agent until the vehicle has been re-
leased by the sheriff's department. (Ord. No. 1040, § 1,
6-29-78)
Sec. 19 -209. Rights of vehicle owner.
The right of any vehicle owner involved in a traffic collision
to call for traffic service of his own choosing shall not be
infringed upon so long as the removal of his vehicle is made
without undue delay. In those cases where the owner of a
damaged vehicle chooses to use the services of the city's
refer. tow service and storage garage, such services and
charges related thereto shall be the responsibility of the con-
tractor and owner of the vehicle. (Ord. No. 1040, § 1, 6- 29 -78)
Sec. 19 -210. Tow service responsible for vehicle.
The tow service and storage garage operator, upon signing
CHP Form No. 180, Report of Impounded Vehicle, assumes
full responsibility for the vehicle and its contents on each-im-
pound. (Ord. No. 1040, § 1, 6- 29 -78)
Sec. 19 -211. City manager to approve display of signs by tow
service.
Except as otherwise provided, a tow service and storage
garage operator shall not display any signs or advertising
Supp. No. 16
1228
§ 19 -211 • MOTOR VEHICLES ANDPRAFFIC § 19.215
materials which indicate that theirs is an official towing ser-
vice or police garage of the city without having received the
prior written permission of the city manager. (Ord. No.
1040, § 1, 6- 29 -78)
Sec. 19 -212. Inspection of facilities.
The city reserves the right to inspect the facilities, equip-
ment, and premises of the permittees hereunder at any time
during the life of this permit in order to ensure that all terms
and conditions of this Code are being satisfactorily met and
complied with. (Ord. No. 1040, § 1, 6- 29 -78)
Sec. 19 -213. Power to revoke or suspend permits.
Permits provided for in this division may be granted,
denied, revoked, suspended or cancelled whenever in the exer-
cise of reasonable and sound discretion, the city council de-
termines that the provisions of this division have not been
complied with or that the permittee is not a fit or proper
person to operate a city referral towing service. (Ord. No.
1040, § 1, 6- 29 -78)
Sec. 19 -214. Violation unlawful.
It shall be unlawful for any person to violate any of the
sections or provisions of this division. (Ord. No. 1040, § 1,
6-29-78)
ARTICLE VIII. INTERSTATE TRUCKS*
Sec. 19 -215. Definitions.
The following words and phrases shall have the meanings set
forth, and if any word or phrase used in this article is not defined
in this section, it shall have the meaning set forth in the Califor-
nia Vehicle Code; provided that if any such word or phrase is not
*Editor's note —Ord. No. 1252, § 1, adopted Apr 2, 1985, amended the Code by
adding provisions pertaining to interstate trucks. Such provisions were desig-
nated as Art. VIII, §§ 19- 215 -19 -222, to read as herein set out.
Cross reference — Restrictions on use of streets by overweight and oversize
vehicles, § 19 -73.
Supp. No. 36
1229
,. • •
§ 19 -216 LYNWOOD CODE § 19 -217
defined in the vehicle code, it shall have the meaning attributed
to it in ordinary usage.
(a) Terminal means any facility at which freight is consoli-
dated to be shipped or where full load consignments may
be loaded and off - loaded or at which the vehicles are regu-
larly maintained, stored or manufactured.
(b) Interstate truck means a truck tractor and semitrailer or
truck tractor, semi - trailer and trailer with unlimited length
as regulated by the Vehicle Code Section 35401.5.
(c) Transportation engineer means the traffic engineer of the
City of Lynwood or his authorized representative.
(d) Caltrans means the State of California Department of Trans-
portation or its successor agency. (Ord. No. 1252, § 1, 4-
2-85)
Sec. 19 -216. Purpose.
The purpose of this article is to establish procedures for termi-
nal designation and truck route designation to terminals for
interstate trucks. operating on a federally designated highway
system and to promote the general health, safety and welfare of
the public. (Ord. No. 1252, § 1, 4 -2 -85)
Sec. 19 -217. Application.
(a) Any interested person requiring terminal access for inter-
state trucks from the federally designated highway system shall
submit an application, on a form as provided by the city, together
with such information as may be required by the transportation
engineer and fees required pursuant to section 19 -218 (a) of this
Code of the City of Lynwood. The application shall include the
name and address of the applicant, the location of the terminal,
the preferred route (and alternate routes if appropriate), evidence
that the terminal, if located within the city, meets established
criteria and that said terminal's parking and entries are ade-
quate and such other information as the transportation engineer
may require.
(b) Upon receipt of the application, the transportation engi-
neer will cause an investigation to be made to ascertain whether
Supp. No. 36
1230
§ 22520.6 -448-
Div;
T -ir
(3) Any sidewalk within 500 feet ofa freeway off -ramp or on -ramp, w
vending or attempting to vend to vehicular traffic.
(b) Subdivision (a) does not apply to a roadside rest area or vis#ap
located within a freeway right -of -way which is subject to Section 2252W
• tow car or service vehicle rendering assistance to a disabled vehicle;c
a person issued a permit to vend upon the freeway pursuant to Sectioa
of the Streets and Highways Code. rte.
(c) , A violation of this section is an infraction. - A 'second`or i6bsegi
conviction of a violation of this section is a misdemeanor. >,.r
Added Ch. 936, Stats: 1981. Effective January 1, 1982.
Amended Ch. 275, Stats. 1983. Effective July 14, 1983, by terms of an urgency clause:•` i.:
Amended Ch. 487, Stats. 1984. Effective January 1, 1985. _v4l;
The 1984 amendment added the italicized material and at the point(s) indicat d eletei
following:
"the" n
i�
Prohibited Activity: Roadside Rest or Vist a Point
22520.6. (a) No person shall engage in any activity withih'a'}u` "
roadside rest area or vista point prohibited by rules and regulation - s adol
pursuant to Section 225 of the Streets and Highways Code. = 3,
(b). A violation of this section is an infraction. A second. or.subse ll
conviction of a violation of this section is a misdemeanor, y ry
Added Ch. 275, Stats. 1983. Effective Effective July 14, 1983, by terms of an'urgenc'y,
Parking Upon or Near Railroad Track
22521. No person shall park a vehicle upon any railroad track
7 feet of the nearest rail. S
Added Ch. 625, Stats. 1968. Effective November 13, 1968.'::
Parking Near Sidewalk Access Ramps
22522. No person shall park a vehicle within three feet of any sidei
access ramp constructed adjacent to a crosswalk so as to be accessible td
usable by the physically handicapped. :L
Added Ch. 670, Stats. 1974. Effective January 1, 1975.
Abandonment Prohibited '
22523. (a) No person shall abandon a vehicle upon any highway.
(b) No person shall abandon a vehicle upon public or private prop
without the express or implied consent of the owner or person in la
possession or control of the property.
Amended Ch. 1135, Stats. 1965. Effective September 17, 1965. TS::
Amended and renumbered, Ch. 1111, Stats. 1980. Effective January 1, 1981.
Presumption
22524. The abandonment of any vehicle in a manner a s
Section 22523 shall constitute a prima facie presumption
registered owner of record not having complied with the
Section 5900, is responsible for such abandonment and is ther
the cost of removal and disposition of the vehicle.
Repealed and added Ch. 1135, Stats. 1965. Effective September 17, 1965:
Amended and renumbered, Ch. 1111, Stats. 1980. Effective Januay 1, 1981:
CHAPTER 10. REMOVAL OF PARKED AND ABANDONED
Article 1. Authority to Remove Vehicles
�:�
pr'ovidk
that the
provision
eby liable
VEHICLES
Prohibition of Removal
22650. It is unlawful for any peace officer or any unauthorized person
remove any unattended vehicle from a highway to a garage or to any A
place, except as provided in this code.
(a) Those law enforcement and other agencies identified in this ehapt
as having the authority to remove vehicles shall also have the authority;
provide hearings in compliance with the provisions of Section 22852. Duri
Div. 11
—449 •
§ 22651
these hearings the storin agency shall have the burden of establishing the
authority for, and the validity idity 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.
Amended Ch. 1022, Stats. 1979. Effective January 1, 1980.
Circumstances Permitting Removal
22651. 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
i traffic or enforcing parking laws and regulations, of a city or a county in
which a vehicle is located may remove a vehicle from a highway located
within the territorial limits in which the officer or employee may act under
' any of the following circumstances:
(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 and a report has previously
been made that the vehicle has been stolen or a complaint has been filed and
r 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 maintenance 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
j , crossings at grade and the driver, if present, cannot move the vehicle under
alts own power.
- (g) When the person or persons in charge of a vehicle upon a highway
are y reason of physical injuries or illness incapacitated to an extent so as
'to-be unable to provide for its custody or removal.
11� �Mrrent (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 p ermitted to take, and does take, the person arrested before a magistrate
with out unnecessary delay.
t (i) When any vehicle registered in a foreign jurisdiction or without a
California registration is found upon a highway 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, 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 he or she can be located and
satisfactory evidence that bail has been deposited for all notices of parking
;,violation issued for the vehicle. A notice of parking violation issued to such
=a vehicle shall be accompanied by a warning that repeated violations may
result in the impounding of the vehicle. In lieu of requiring satisfactory
'evidence that the bail has been deposited, the impounding law enforcement
,evidence
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 de pposited 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
§ 22651 - 450 * Div. 11
or most accessible with reference to the place where the vehicle is
impounded. 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.
When any vehicle is found illegally parked and there are no license
plates or other evidence of registration displayed, the vehicle may be
impounded until the owner or person in control of the vehicle furnishes the
�' • im oundin law enforcement agency evidence of his or her identity and an
t
address wi in 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
11. t64 removal.
j ? @; ' (l) 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 thereof is necessary for the cleaning, repair, or construction of the
o tai% highway, or for the installation of underground utilities, and signs giving
' „ tr• a£ , ' notice that the vehicle may be removed are erected or placed at least 24
f ilia 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
Q notice that the vehicle may be removed are
'i: ,
erected or placed at east 24 hours prior to the removal by local authorities
1
l:ka pursuant to the ordinance.
i t 0 1 (n) (n) Whenever any vehicle is parked or left standing where local
l lgy; authorities, by resolution or ordinance, have prohibited parking and have •
M ,
authorized the removal of vehicles. No vehicle may be removed unless signs
e ti't: are posted giving notice of the removal.
F; (o) When any unattended vehicle is found upon a highway with v
registration expiration date in excess of one year before the date it is found f
1V, , ;
tw,,. ; on the highway. For purposes of this subdivision, the unattended vehicle
l 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. In lieu of obtaining proof of current
t+ registration, the storing agency may, in its discretion, issue a notice to appear.
for the registration violation. (.`•;y
(p) When the peace officer issues the driver of a vehicle a notice tQr'
appear for a violation of Section 12500, 14601, 14601.1, or 14601.2 and there:_
s1 ? is no passenger in the' vehicle who has a valid driver's license "ands;;
authorization to operate the vehicle. Any vehicle so removed from the'
highway 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 agents,
• � '• �.,:•,. � currently valid driver's license to operate the vehicle or upon order of,a - -.
court.
Amended Ch.
972, Stats. 1959.
Effective September 18, 1959.
Amended Ch.
59, Stats. 1960. Effective June 25, 1960.
INf_'
Amended Ch.
1004, Stars. 1963.
Effective September 20, 1963.
x';'.
Amended Ch.
543, Stats. 1967.
Effective November 8, 1967
{+
Amended Ch.
749, Stats. 1968.
Effective November 13, 1968.
Amended Ch.
1116, Stats. 1969.
Effective November 10, 1969.
L s+, ° '
Amended Ch.
886, Stats. 1970.
Effective November 23, 1970.
Amended Ch.
130, Stats. 1971.
Operative May 3, 1972.
I L I
Amended Ch.
545, Stats. 1974.
Effective January 1, 1975.
S '•.`
Amended Ch.
1129, Stats. 1977
Effective January 1, 1978. Supersedes Ch.
73 and Ch. 4&
Amended Ch.
909, Stats. 1979.
Effective January 1, 1980. Supersedes Ch.
831.
• '
Amended Ch.
1340, Stats. 1980.
Effective September 30, 1980 by terms of an urgency cL,
�j.
Amended Ch.
343, Stars. 1981.
Effective January 1, 1982.
. Y.
Amended Ch.
344, Stars. 1982.
Effective January 1, 1983.
Amended Ch.
1017, Stats. 1983.
Effective January 1, 1984. Supersedes Ch.
816.
'' I
•• a u o
Div. n • •
' - 451- § 22653
Additional Circumstances Permitting Removal
22651.5. Any peace officer, as defined in Chapter 4.5 (commencing 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 district from a
highway or from public or private property if an alarm device has been
'E �' ; 'activated within the vehicle, the peace officer is unable to locate the owner
; 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
f ,-. property pursuant to this section, the peace officer ordering the removal
x4 shall immediately report the removal and the location to which the vehicle
is removed to the Stolen Vehicle System of the Department of Justice.
Added Ch. 1267, Stats. 1983. Effective January 1, 1984.
?; Removal from Handicapped Persons' Parking Spaces
22652. 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 ma
remove an vehicle from a stall or space designated for physically
y
. handicapped persons pursuant to Section 22511.7 or 22511.8, located within
,.., .,the territory limits in which the officer or employee is empowered to act,
if the vehicle is parked in violation of Section 22507.8 and if the police or
! :, sheriffs department or California Highway Patrol has been notified.
In a privately owned or operated offstreet parking facility, this section
shall apply only to those stalls and spaces if the posting requirements under
subdivision (b) and (d) of Section 22511.8 have been complied with and if
5-' the stalls or spaces are clearly marked.
_AddeB Ch. 975, Stats. 1982. Effective January 1, 1983.
Amended Ch. 270, Stats. 1983. Effective July 14, 1983, by terms of an urgency clause.
z '.Immunity From Liability
22652.5. 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 i to Section 22511.8, or any state, city, or county employee, is not
4 cvill yy liable for the removal if the police or sheriffs department in whose
. sdiction 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.
ti
" Added Ch. 232, Stats. 1983. Effective July 14, 1983, by terms of an urgency clause.
Remova/ From Private Property
.22653. (a) Any peace officer, as that term is defined in Chapter 4.5
i commencing with Section 830) of Title 3 of Part 2 of the Penal Code, other
;,, an employee directing tr is or enforcingparking laws and regulations,
;may remove a vehicle from private property located within the territorial
ts in which the officer is empowered to act, when a report has previously
` made that the vehicle has been stolen or a complaint has been filed and
'a.warrant thereon issued chargin that the vehicle has been embezzled.
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
'Aaf 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.
t Amended Ch. 73, Stats. 1977 Effective January 1, 1978.
` Amended Ch. 427, Stats. 1978. Effective January 1, 1979.
: Ame Ch. 1340, Stats. 1980. Effective September 30, 1980 by terms of an urgency clause.
i .
§ 226*
— 452
Authorization for Moving a Vehicle
Div. 11
y '• 22654. (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 parking
location, or may remove and store the vehicle if moving it off the roadway
to a parking location is impracticable.
(b) Whenever the officer or employee finds a vehicle standing upon a
street, located within the territorial limits in which the officer or employee
I, l 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
A
i' 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 location where it is not readily visible from its former
parked location or it is stored, the person causing the movement or storage
of the vehicle shall immediately, by the most expeditious means, notify the
owner of the vehicle of its location. If for any reason the vehicle owner
cannot be so notified, the person causing the vehicle to be moved or stored
shall immediately, by the most expeditious means, notify the police
department of the city in which the vehicle was parked, or, if the vehicle had
been parked in an unincorporated area of a county, notify the sheriffs b
department and nearest office of the California Highway Patrol in that
county. No vehicle may be removed and stored pursuant to this subdivision
unless signs indicating that no person shall stop, park, or leave standing 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 location. If the vehicle is unoccupied, and ,' ti
moving the vehicle to a parking location is impractical, the officer may store;.;:
the vehicle pursuant to Sections 22850 and 22852 and subdivision (a) orr(b)-`
of Section 22853. If the vehicle. so moved or stored was otherwise lawfully:';_:
parked, no moving or storage charges shall be assessed against or collectedx ' .)
from the driver or owner. ?r: a
Amended Ch. 1229, Stats. 1969. Effective November 10, 1969.
Amended Ch. 874, Stats. 1971, Operative May 3, 1972. `'
Div lie =453 § 22658
Amended Ch. 545, Stats. 1974. Effective January 1, 1975.
Amended Ch. 73, Stats. 1977 Effective January 1, 1978,
Amended Ch. 1340, Stats. 1980. Effective September 30, 1980 by terms of an urgency clause.
Amended Ch. 281, Stats. 1981. Effective January 1, 1982.
Amended Ch. 913, Stats. 1983. Effective January 1, 1984.
Impounding Vehicle for Investigation
22655 (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
i property open to the general public onto which the public is explicitly or
j implicitly invited, located within the territorial 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 released upon the
•;f expiration 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.
Amended Ch. 1198, Stats. 1961. Effective September 15, 1961.
Amended Ch. 804, Stats. 1963. Effective September 20, 1963,
Amended Ch. 253, Stats. 1967, Stats. 1967 Effective November 8, 1967 Supersedes Ch. 236.
Amended Ch. 1116, Stats. 1969. Effective November 10, 1969.
Amended Ch. 130, Stats. 1971. Operative May 3, 1972.
"Amended Ch. 545, Stats. 1974. Effective January 1, 1975.
Amended Ch. 109, Stats. 1975. Effective January 1, 1976.
y . Amended Ch. 486; Stats. 1977 Effective January 1, 1978.
Amended Ch. 505, Stats. 1978. Effective January 1, 1979.
Amended Ch. 909, Stats. 1979. Effective January 1, 1980. Supersedes Ch. 791 and Ch. 831.
u ? "": Amended Ch. 1340, Stats. 1980. Effective September 30, 1980 by terms of an urgency clause.
Y Removal from Railroad Right -of -Way
y ;•; 22656. 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
remove a vehicle from a railroad right -of -way located within the territorial
_limits in which the officer is empowered to act if the vehicle is parked upon
Y. any railroad track or within 7 feet of the nearest rail.
Added
Ch. 625, Stats. 1968. Effective November 13, 1968.
Amended Ch. 1116, Stats. 1969. Effective November 10, 1969.
Amended Ch. 130, Stats. 1971. Operative May 3, 1972.
1 Amended Ch. 797, Stats. 1974. Effective January 1, 1975. Supersedes Ch. 545.
'•, ; Amended Ch. 110, Stats. 1975. Effective January 1, 1976.
Amended Ch. 486, Stats. 1977 Effective January 1, 1978.
t
Amended Ch. 182, Stats. 1978. Effective January 1, 1979. I
Amended Ch. 909, Stats. 1979 Effective January 1, 1980. Supersedes Ch. 831.
Amended Ch. 1340, Stats. 1980 - Effective September 30, 1980 by terms of an urgency clause.
,... Removal From Private Property
�= ' 22658. a The owner or person in lawful possession of any private
_ property may, subsequent to notifying, by telephone or, if impractical, by
e most expeditious means available, the city police or county sheriff,
4_ whichever is appropriate, cause the removal of a vehicle parked on the
!,property to the nearest public garage, if (1) there is displayed, in plain view
= at all entrances to the property, a sign of a size specified by ordinance
=` prohibiting public parking and indicating that vehicles will be removed at
` owner's expense, and containing the telephone number of the local
: `;•traffic law enforcement agency, or (2) the lot or parcel upon which the I
:V vehicle is parked is improved with a single family dwelling.
§ 22659 + -454- • Div. 11
(b) The person causing removal of the vehicle shall, if the person knows
or is able to ascertain from the registration records of the Department of
Motor Vehicles the name and address of the registered and legal owner
i thereof, immediately give, or cause to be given, notice in writing to the
registered and legal owner of the fact of the removal, the grounds for the
removal, and indicate the place to which the vehicle has been removed. If
the vehicle is stored in a public garage, a copy of the notice shall be given
to the proprietor of the garage. The notice provided•for in this section shall
e include the amount of mileage on the vehicle at the time of removal. If the
person does not know and is notable to ascertain the name of the owner or '-
for any other reason is unable to give the notice to the owner as provided
in this section, the person causing removal of the vehicle shall comply with
the requirements of subdivision (c) bf Section 22853 relating to notice in the
same manner as applicable to an officer removing a vehicle from private
property
!' (c) This section ( )' does not limit or affect any right or remedy which
the owner or person in lawful possession of private property may have by
virtue of other provisions of law authorizing the removal of a vehicle parked
upon private property.
(d) The owner of a vehicle removed from private property pursuant to
subdivision (a) may recover for any damage to the vehicle resulting from
any intentional or negligent act of any person causing the removal of, or
removing, the vehicle.
(e) Any owner or person in lawful possession of any private property
causing the removal of a vehicle parked on that property is liable for any
storage or towing charges whenever there has been a failure to post a sign
if and as required by subdivision (a).
(f) ( ) Any owner or person in lawful possession of any private
property causing the removal of vehicle parked on that property shall state
the grounds for the removal of the vehicle if requested by the legal or
registered owner of that vehicle. Any to wing company that removes a vehicle
from private property with the authorization of the property owner or the
property owner's agent shall-not be held responsible in anysituation relating
to the validity of the removal. Any towing company that removes the vehicle
under this section shall be responsible for (1) any damage to the vehicle in
the transit and subsequent storage of the vehicle pursuant to subdivision (d)
and, (2) the removal of a vehicle other than the vehicle specified by the
owner or other person in lawful possession of the private property,
(g) Possession of any vehicle under this section shall be deemed to arise.
when a vehicle is removed from private property and is in transit.
L Added Ch. 963, Stats. 1959. Effective September 18, 1959.
Amended Ch. 639, Stats. 1963. Effective September 20, 1963.
Amended Ch. 1698, Stats. 1971. Operative May 3, 1972.
Amended Ch. 1022, Stats. 1979. Effective January 1, 1980. Jr."
Amended Ch. 308, Stats. 1980. Effective January 1. 1931.
Amended Ch. 738, Stats. 1982. Effective January 1, 1983.
Amended Ch. 913, Stats. 1983. Effective January 1, 1984.
Amended Ch. 1334, Stats. 1984. Effective�anuary 1, 1985. Supersedes Ch. 255 and Ch. 325.
The 1984 amendment added the italicize material and at the point (s) indicated deleted the
followin
'
shall"
' "No person shall cause the removal of any vehicle from a privately owned and operated
fee -paid parking facility until at least 12 hours after the expiration of the period for which the fee
is paid for the vehicle. This subdivision does not apply to any parking space or stall rented to a., I f;
person and reserved or otherwise clearly marked or designated for the use of that person. ".
:ia M Removal From S late - Property '• i,;,,,, ;
22659. Any officer of the California State Police or any person duly;t"
authorized by the state agency irr possession of property owned by the state,., :
oriented 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 .4>
sheriff, whichever is appropriate, cause the removal of a vehicle from such y t`
• ;
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1
Div. 1* —4550 § 22661
property to the nearest public garage, under any of the following
circumstances:
(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 Ch. 57, Stats. 1960, 1st Ex. Sess. Effective July 7, 1960.
Amended Ch. 518, Stats. 1963. Effective September 20, 1963.
Repealed Ch. 1340, Stats. 1980. Effective September 30, 1980 by terms of an urgency clause.
Added Ch. 32, Stats. 1981. Effective May 14, 1981 by terms of an urgency clause.
Local Abatement Procedure
22660. 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, not including highways; and for the recovery, pursuant to Sections
25845 or 38773.5 of the Government Code, or assumption by the local ageac:y,
of costs of administration and such removal.
Added Ch. 1055, Stats. 1967 Effective November 8, 1967
Amended Ch. 427, Stats. 1970. Effective November 23, 1970.
Amended Ch. 130, Stats. 1971. Operative May 3, 1972.
Amended Ch. 627, Stats. 1975. Effective January 1, 1976.
Amended Ch. 29, Stats. 1976. Effective January 1, 1977.
Contents of Ordinance
22661. Any ordinance establishing procedures for the removal of
abandoned vehicles shall contain all of the following provisions:
(a) The requirement that notice be given to the Department of Motor
Vehicles within five days after the date of removal, identifying the vehicle!
or part thereof and any evidence of registration available, including, b not
limited to, the registration card, certificates of ownership, or license pla tes.
(b) Making the ordinance inapplicable to (1) a vehicle or part thereof
which is completely enclosed within a building in a lawful manner where it
is not visible from the street or other public or private property or (2) a'
s- vehicle or part thereof which is stored or parked in a lawful manner on
private property in connection with the business of a licensed dismantler,
licensed vehicle dealer, or a junkyard. This exception shall not, however,'
authorize the maintenance of a public or private nuisance as defined under
provisions of law other than this chapter.
(c) The requirement that not less than a 10 -day notice of intention to
abate and remove the vehicle or part thereof as a pu n
blic nuisace be issued,
? , unless the property owner and the owner of the vehicle have signed releases
authorizing removal and waiving further interest in the vehicle or part
thereof. However, the notice of intention is not required for removal of ai
vehicle or part thereof which is inoperable due to the absence of a motor,
transmission, or wheels and incapable of being towed, is valued at less than
two hundred dollars ($200) by a person specified in Section 22855, and is)
determined by the local agency to be a public nuisance presenting an,
immediate threat to public health or safety, provided that the property
owner has signed a release authorizing removal and waiving further interest.
in the vehicle or part thereof. Prior to final disposition under Section 22662
Of such a low - valued vehicle or part for which evidence of registration was
Al
§ 22662 —456 Div 11
recovered pursuant to subdivision (a), the local agency shall provide notice
to the registered and legal owners of intent to dispose of the vehicle or part,
and if the vehicle or part is not claimed and removed within 12 days after
'the notice is mailed, from a location specified in Section 22662, final
disposition may proceed. No local agency or contractor thereof shall be liable
for damage caused to a vehicle or part thereof by removal pursuant to this
section.
# This subdivision applies only to inoperable vehicles located upon a parcel
that is (1) zoned for agricultural use or (2) not improved with a residential
structure containing one or more dwelling units.
(d) The 10 -day notice of intention to abate and remove a vehicle or part
thereof, when required by this section, shall contain a statement of the
hearing rights of the owner of the property on which the vehicle is located
and of the owner of the vehicle. The statement shall include notice to the
' property owner that he may appear in person at a hearing or may submit
j a sworn written statement denying responsibility for the presence of the
vehicle on the land, with his reasons for such denial, in lieu of appearing. The
notice of intention to abate shall be mailed, by registered or certified mail,
to the owner of the land as shown on the last equalized assessment roll and
I' to the last registered and legal owners of record unless the vehicle is in such
conditon that identification numbers are not available to determine
{ ownership.
(e) The requirement that a public hearing be held before the governing
body of the city, county, or city and county, or any other board,
commissioner, or official of the city, county, or city and county as designated
by the governing body, upon request for such a hearing by the owner of the
vehicle or the owner of the land on which such vehicle is located. This
request shall be made to the appropriate public body, agency, or officer
within 10 days after the mailing of notice of intention to abate and remove
the vehicle or at the time of signing a release pursuant to subdivision (c).
If the owner of the land on which the vehicle is located submits a sworn
written statement denying responsibility for the presence of the vehicle on
his land within such time period, this statement shall be construed as a
request for hearing which does not require the presence of the owner
submitting such request. If such a request is not received within such period,
the appropriate public body, agency, or officer shall have the authority to
remove the vehicle.
(f) The requirement that after a vehicle has been removed, it shall not
be reconstructed or made operable, unless it is a vehicle which qualifies for
either horseless carriage license plates or historical vehicle license plates,
pursuant to Section 5004, in which case the vehicle may be reconstructed or
made operable. '
(g) Authorizing the owner of the land on which the vehicle is located to
appear in person at the hearing or present a sworn written statement
denying responsibility for the presence of the vehicle on the land, with his
reasons for such denial. If it is determined at the hearing that the vehicle was
placed on the land without the consent of the landowner and that he has not
subsequently acquiesced in its presence, then the local authority shall not
assess costs of administration or removal of the vehicle against the property
upon which the vehicle is located or otherwise attempt to collect such cost.
from such owner.
Added Ch. 29, Stats. 1976. Effective January 1, 1977
Amended Ch. 372, Stats. 1983. Effective January 1, 1984.
Disposition of Vehicles or Parts
22662. Vehicles or parts thereof may be disposed of by removal to a'`
serapyard, automobile dismantler's yard, or any suitable site operated by a,,'''•.
local authority for processing as scrap, or other final disposition consistent'
with subdivision (e) of Section 22661. A local authority may operate such a
disposal site when its governing body determines that commercial channels:
of disposition are not available or are inadequate, and it may make final.
' ,. 'iF. ti,.,. • .d.`.fd SBS i.x 't. Y.t�'��Vi . p
.. - iY. � S^. 6rrt�i. -., T fir T��i)jad
I
Div.11 - 45P § 2266'
disposition of such vehicles or parts, or the local agency may transfer sucl
vehicle or parts to another, provided such disposal shall be only, as scrap.
Added Ch. 29, Stats. 1976. Effective January 1, 1977
Administration of Ordinance.
22663. Any ordinance adopted pursuant to Section 226W shall provide fo
administration of the ordinance by regularly salaried full -time employees c
the city, county, or city and county, except that the removal of vehicles o
parts thereof from property may e by any other duly authorized persor.
Any such authorized person may enter upon private property for th
purposes specified in the ordinance to examine a vehicle or parts thereof
obtain information as to the identity of a vehicle, and remove or cause th
removal of a vehicle or part thereof declared to be a nuisance pursuant ti
the ordinance.
Added Ch, 29, Stats. 1976. Effective January 1, 1977
Waiver. Reporting Requirements and Fees
22664. Any licensed dismantler or commercial enterprise acquirin;
vehicles removed pursuant to such ordinance shall be excused from thl
reporting requirements of Section 11520; and any fees and penalties whicl
would otherwise be due the Department of Motor Vehicles are hereb
waived, provided that a copy of the resolution or order authorizing
disposition of the vehicle is retained in the dismantler's or commercia
enterprise's business records.
Added Ch. 29, Stats. 1976. Effective January 1, 1977
Administration of Local Programs by Highway Patrol
22665. Notwithstanding Section 22710 or any other provision of law, thl
department shall, at the request of a local authority, administer on behalf o
the local authority its abandoned vehicle abatement and removal progran
established pursuant to 'Section 22660. For any program which thl
department administers pursuant to this section, it shall be reimbursed fron
the Abandoned Vehicle Trust Fund to the extent to which it is no'
reimbursed by the local authority pursuant to Section 22666.
Added Ch. 29, Stats. 1976. Effective January 1, 1977.
Regulations of Highway Patrol
22666. Whenever the department is administering a program pursuan
.,.to Section 22665, it shall 'by regulation establish procedures for th
„:..abatement and removal of vehicles that are identical to the requirement
"-specified in Section 22661, except that the department shall provide b1
agreement with the requesting local authority for the conduct of a ppubli
hearing pursuant to subdivision (d) of Section 22661 by the local authorit
. and for the reimbursement of the ddepartment for its costs of administratioi
i` -and removal which the local authority is authorized to recover from thl
property owner pursuant to Section 22660. Such regulations shall als
provide for the administration of the regulations by regularly salaried'
full time personnel of the department, except that the removal of vehicle
or parts thereof from property may be done by any other duly authorize
person. Any such person may enter upon private property for the purpose
specified in the regulations to examine a vehicle or parts thereof, obtain
information as to the identity of a vehicle, and remove or cause the remov<
of a vehicle or part thereof declared to be a nuisance pursuant to .th
regulations.
The provisions of Sections 22662 and 22664 shall also apply to any vehicl
removed by the department.
t,r Added Ch. 29, Stats. 1976. Effective January 1, 1977
Abatement and Removal. Priorities
22667. In establishing procedures for the abatement and removal
abandoned vehicles, the department shall give priority to the removal
i
i�
a
I
`i
I
§ 22668 0 —458— 0 Div. 11
abandoned vehicles from corridors of the state highway system, from public
lands and parks, and from river and wildlife areas.
Added Ch. 29, Stats. 1976. Effective January 1, 1977
Abandoned Vehicle Trust Fund: Prohibited Disbursements
22668. No local authority whose abandoned vehicle abatement and
removal program is administered pursuant to Section 22665 shall be eligible
for any disbursement from the Abandoned Vehicle Trust Fund pursuant tc
Section 22710.
Added Ch. 29, Stats. 1976. Effective January 1, 1977
Removal of Abandoned Vehicles
22669. (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
other employee of the state, county, or city designated by an agency or
department of the state or the board of supervisors or city council to perform
this function, in the territorial limits in which the officer or employee is
authorized to act who has reasonable grounds to believe that the vehicle has
been abandoned, as determined pursuant to Section 22523, may remove the
vehicle from a highway or from public or private property.
(b) Any person performing a franchise or contract awarded pursuant to
subdivision (a) of Section 22710, may remove a vehicle from a highway or
place to which it has been removed pursuant to subdivision (c) of Section
22654 or from public or private property, after a determination by a peace
officer, as that term is defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, or other designated employee of
the state, county, or city in which such vehicle is located that such vehicle
is abandoned, as determined pursuant to Section 22523.
(c) A state, county, or city employee, other than a peace officer or
employee of a sheriffs department or a city police department, designated
to remove vehicles pursuant to this section may do so only after he or she
has mailed or personally delivered a written report identifying the, vehicle
and its location to the office of the Department of the California I3ighway
Patrol located nearest to the vehicle.
Amended Ch. 57, Stats. 1960. Effective June 25, 1960.
Amended Ch. 1135, Stats. 1965. Effective September 17, 1965.
Amended Ch. 1055, Stats. 1967 Effective November 8, 1967
'Amended Ch. 1116, Stats. 1969. Effective November 10, 1969. Supersedes Ch. 547
Amended Ch. 1431, Stats. 1970. Effective November 23, 1970.
Amended Ch. 1624, Stats. 1971. Operative May 3, 1972. Supersedes Ch. 130.
Amended Ch. 49, Stats. 1973-Effective May 15, 1973 by terms of an urgency clause. Supersedes
Ch. 78.
Amended Ch. 797, Stats. 1974_ Effective January 1, 1975.
Amended Ch., 909, Stats. 1979. Effective January 1, 1980. Supersedes Ch. 831.
Amended Ch. 1340, Stats. 1980. Effective September 30, 1980 by terms of an urgency clause.,
Supersedes Ch. - 1111.
Lien Sale: Valuation
'22670. For lien sale purposes, the public agency causing the removal of
the vehicle shall determine if the estimated value of the vehicle that has
been ordered removed, towed, or stored is one hundred dollars ($100) or
less, over one hundred dollars ($100) but ( ) one thousand dollars ($1,000): ••
or less, or over ( ) one thousand dollars (.$1,000). ;z
' If the public agency fails or refuses to put a value on, or to estimate the
value of, the vehicle within 3 days after the date of removal of the vehicle,)
the garage keeper specified in Section 22851 or the garage keeper's agent
shall determine, under penalty of perjury, if the estimated value of the '.;
vehicle that has been ordered removed, towed, or stored, is one hundred;'
dollars ($100) or less, over one hundred dollars (.$100) but one thousand.` ,
dollars ($1,000) or less, or over one thousand dollars ($I,000).
This section shall remain in effect only until January 1, 1988, and as of that'
date is repealed, unless a later enacted statute, which is enacted before,-"'
January 1, 1988, deletes or extends that date. If that date is not deleted or-
extended, then, on and after January 1, 1988, pursuant to Section 9611 of the .,
.. - � _ - - - - - !.Yl:. r 2•r.:•�...�. X�i�':�kb:...e �yYi}; °ed ^ • Hti} r j'. 4 -.r:
'}' �f. 2:'. i. ��i... r��::• rie}�:. %i..`.�'.�_ "��_•.i} ='t,. !��..�ei 1i'..
\.�. • i. � is �,... _ _ t ... .'• ^g�.. ^'�_1'�{`..�._• -
Div. 10 — 459 22851
x Government Code, Section 22670 of the Vehicle Code, as added by Section
18 of Chapter 1111 of the Statutes of 1980, shall have the same force and
effect as if this temporary provision had not been enacted..
Added Ch. 1111, Stats. 1980. Effective January 1, 1981.
Amended Ch. 73, Stats. 1984. Effective January 1, 1985.
Amended Ch. 1381, Stats. 1984. Effective January 1, 1985.
The 1984 amendment added the italicized material and at the point(s) indicated deleted the
following:
"three hundred dollars ($300)"
Removal by Franchise or Contract
22671. A local authority may either issue a franchise or execute a contract
for the removal of abandoned vehicles in accordance with the provisions of
this chapter.
Repealed Ch. 1135, Stats. 1965. Effective Sept, 17, 1965.
Added Ch. 1055, Stats. 1967 Effective November 8, 1967
Amended and renumbered, Ch. 1111, Stats. 1980. Effective January 1, 1981.
Removal of Abandoned Vehicles: Abandoned Vehicle crust Fund
22710. The Department of the California Highway Patrol inay:
(a) Disburse any of the money in the Abandoned Vehicle Trust Fund
established in subdivision (b) of Section 9250.7 to any city, county, or city and
county, which establishes pursuant to Section 22660 procedures for the
>, abatement and removal as public nuisances of any abandoned vehicles or
parts thereof from corridors of the state highway system, from public lands
and parks, and from river, wildlife, agricultural, and recreational areas, to
carry out such procedures. Insofar as practical, the Department of the
California Highway Patrol shall prorate moneys in the fund to each county
.'' in proportion to the number of abandoned vehicles which have been
surveyed throughout the state.
(b) In the alternative, provide for the removal of abandoned vehicles by
franchise or contract, in which event the Department of the California
Highway;. Patrol shall be reimbursed from the fund.
(c) Establish rules and regulations to carry out the provisions of
=,'subdivisions (a) and (b).
ti Added Ch. 1624, Stats. 1971. Operative May 3, 1972.
'. Amended Ch. 49, Stats. 1973. Effective May 15, 1973 by terms-of an urgency clause.,
'q; Amended Ch. 843, Stats. 1981. Effective January 1, 1982.
Article 2. Vehicle Disposition
(Amended and renumbered, Ch. 1111, Stats. 1980. Effective January 1, 1981)
Storage of Vehicle
:, 2285Q. Whenever an officer or employee removes a vehicle from a
highway, or from public or private property, unless otherwise provided, he
shall take the vehicle to the nearest garage or other place of safety or to a
garage designated or maintained by the governmental agency of which the
officer or employee is a member, where the vehicle shall be placed in
At the time of such removal, the officer or employee shall determine the
count of mileage on the vehicle.
kmended Ch. 57, Stats. 1960. Effective June 25, 1960.
4nended Ch. 1070, Stats. 1968. Effective November 13, 1968.
knended Ch. 239, Stats. 1975. Effective January 1, 1976.
an on Stored Vehicle
22851. (a) - Whenever a vehicle has been removed to a garage under the
provisions of this chapter and the keeper of the garage has received the
notice or notices as provided herein, the keeper shall have a lien dependent
upon possession for his compensation for towage and for caring for and
keeping safe such vehicle for a period not exceeding 60 days or, if an
application for an authorization to conduct a lien sale has been filed pursuant
to Section 3068.1 of the Civil Code within 30 days after the removal of the
vehicle to the garage, 120 days and, if the vehicle is not recovered by the
f
i
?
§ 22851.1 -460- Div. 11
i';1'•
owner within such period or the owner is unknown, the keeper of the garage
s
t,
may satisfy his lien in the manner prescribed in this arti I
Y p c e. The lien shall
Qi y;
not be assigned.
! =
(b) No lien shall attach to any personal property in or on the vehicle Such
r
personal property in or on the vehicle shall be given to the registered owner
e re g
>, � -
1„
or such owner 's authorized agent upon demand. The lien holder shall not be
responsible for property after any vehicle has been disposed of to
•.
�,
pursuant
this chapter
•
Amended Ch. 963, Stats. 1959. Effective September 18, 1959 '
€`
Amended Ch. 1135, Stats. 1965. Effective September 17, 1965.
Amended Ch. 993, Stats. 1967 Effective November 8, 1967
Amended Ch. 510, Stats. 1971. Operative May 3, 1972.
Amended Ch. 1262, Stats. 1974. Operative November 1, 1974 by terms of an urgency clause.
Amended Ch. 955, Stats. 1976. Effective January 1, 1977
Amended Ch. 1111, Slats. 1980. Effective January 1, 1981.
�, .
;; • „
Lien: Outstanding Bail For Parking Violation
22851.1. (a) If the vehicle is impounded pursuant to subdivision (i) of
.Section 22651 and not released as provided in that subdivision, the vehicle
may be sold pursuant to this chapter to satisfy the liens specified in Section
22851 and in subdivision (b) of this section.
a vehicle P
( b ) Y impounding A local authorit p ursuant to subdivision (i) of
•,�,?'
Section 22651 shall have a lien dependent upon possession by the keeper of
the garage for satisfaction of bail for all outstanding notices o£ parking
violation issued by the local for
authority the vehicle pursuant to subdivision
•,,.
(a) of Section 41103, when the conditions specified in subdivision c have
been met. This lien shall be subordinate in priority to the lien established by
v
ti.
Section 22851, and the proceeds of any sale shall be applied accordingly.
Consistent with this order of priority, the terns 'lien' as used in this article
and in Chapter 6.5 (commencing with Section 3067) of Title 14 of Part 4 of
°l
Division 3 of the Civil Code, includes a lien imposed by this subdivision. In
any action brought to perfect the lien where required by subdivision (d) of
Section
22851.8 of this code, or by subdivision (d) of Section 3071 or
subdivision (d) of Section 3072 of the Civil Code, it shall be a defense to the
air ;
recovery of bail that the owner of the vehicle at the time of impoundment
'• =r'
!'° -
was not the owner of the vehicle at the time of the parking offense.
€ z
(c) A lien shall exist for bail with respect to parking violations for which
,.
no person has answered the charge in the notice of parking violation given,
?)t''
or filed an affidavit of nonownership pursuant to and within the time
specified in subdivision (b) of Section 41103.
;a
Added Ch. 138, Stats. 1984. Effective January 1, 1985.
J Y
A
If, ,,
,'.
Disposition of Low - Valued Vehicle
4
22851.2.' a) If the vehicle is determined to have a value not exceeding
one hundred dollars ($100) pursuant to Section 22670, the public agency
ti . I
which removed the vehicle shall do all of the following:
(1) Within 48 hours after removal of the vehicle notify the Stolen Vehicle.,
,
System of the Department of Justice in Sacramento of the removal.
(2) Prepare to the Uenholder
`=
and give a report which shall include all of
the following:
(A) The value of the vehicle estimated pursuant to Section 22670.-
.._
(B) The identification of the estimator w =`
(C) The location of the vehicle.
(D) A description of the vehicle, including the make;!_
year "model
°
identification number, license number, state of registration, and, .if,
motorcycle, an engine number.
(E) The statutory authority for storage.
L,,•
(b) If the vehicle is in such condition that there is no means r
determining ownership, the public agency which removed the vehicle may '
(r,
give authorization to dispose of the vehicle. If no authorization for disposal
_
t• � t l p �
• ” , t`i
iStCi!7
Div l • — 461 § 22851.8
is issued, a vehicle identification number shall be assigned prior to
1 commencing the lien sale proceedings.
Repealed and added Ch. 1135, Stats. 1965. Effective September 17, 1965.
Amended Ch. 1055, Stats. 1967 Effective November 8, 1967
I Amended Ch. 1431, Stats. 1970. Effective November 23, 1970.
Amended Ch. 510, Stats. 1971. Operative May 3, 1972.
Amended Ch. 98, Stats. 1972. Operative October 1, 1972 by terms of an urgency clause.
Amended Ch. 791, Stats. 1972. Effective March 7, 1973.
Amended Ch. 1262, Stats. 1974. Operative November 1, 1974 by terms of an urgency clause.
Amended Ch. 1036, Stats. 1975. Effective September 24, 1975 by terms of an urgency clause.
Amended Ch. 955, Stats. 1976. Effective January 1, 1977
Amended Ch. 821, Stats. 1977 Effective January 1, 1978.
Amended Ch. 1005, Stats. 1978. Effective January 1, 1979.
Amended and renumbered, Ch. 1111, Stats, 1980. Effective January 1, 1981.
Amended Ch. 913, Stats. 1983. Effective January 1, 1984.
'. Lien: Higher Value Vehicle
22851.4. If the vehicle is determined to have a value exceeding one
hundred dollars ($100) pursuant to Section 22670 ( )', the lien shall be
satisfied pursuant to ( ) 2 Sections 3067 to 3075, inclusive, of the Civil Code.
Added Ch. 1111, Stats. 1980. Effective January 1, 1981.
Amended Ch. 1381, Stats. 1984. Effective January 1, 1985.
The 1984 amendment added the italicized material and at the point(s) indicated deleted the
following
"by the public agency"
'"'the provisions of Section"
Lien: Low Value Vehicle
22851.6. (a) If the vehicle has a value not exceeding one hundred dollars
($100) as determined pursuant to Section 22670 ( ) the lien shall be
satisfied pursuant to Sections 22851.8 and 22851 10.
(b) All forms required by Sections 22851.8 and 22851.10 shall be
I ^; prescribed by the Department of Motor Vehicles. The language used in the
notices and declarations shall be simple and nontechnical.
! Added Ch. 1111, Stats. 1980. Effective January 1, 1981.
Amended Ch. 1381, Stats. 1984. Effective January 1, 1985. "
The 1984 amendment at the point(s) indicated deleted the following:
t "by the public agency" !
.Notice by Lienholder: Low Value Vehicle
22851.8. (a) The lienholders shall within 15 working days following the
date of possession of the vehicle, make a request to the Department of Motor
' ;.,Vehicles for the names and addresses of all persons having an interest in the
vehicle. No storage charge shall accrue beyond the 15 -day period unless the I
lienholder has made a request to the Department of Motor Vehicles as I
+* : provided for in this section.
(b) 'By certified mail -with return receipt requested or by United States
Postal.Service Certificate of Mailing, the lienholder shall immediately upon
`. receipt of this information send the following prescribed forms and
enclosures to the registered owner and legal owner at their addresses of
s ".1 record with the Department of Motor Vehicles, and to any other person
known to have an interest in the vehicle:
(1) A completed form entitled "Notice of Intent to Dispose of a Vehicle
. Valued at $100 or Less."
°, (2) A blank form entitled "Declaration of Opposition."
ar'It :• (3) A return envelope preaddressed to the lienholder.
(c) All notices to persons having an interest in the vehicle shall be signed )
" .' under penalty of perjury and shall include all of the following:
t;' (1) A description of the vehicle, including make, year model,)
- ,,.identification number, license number, and state of registration. Fori
motorcycles, the engine number shall also be included.
(2) The names and addresses of the registered and legal owners of the)
1! vehicle and any other person known to have an interest in the vehicle.
(3) The following statements and information.
(A) The amount of the lien.
(B) The facts concerning the claim which gives rise to the lien.
9 ' Y
.. ... .. 'F t •^. 'ti.• c.. f .j }.7,.. ...vOn r.i i `• ' ii '. .. .,� �. ..,'_V : .
"W IN § 22851.0 —462- Div. 11
(C
The person has a right to a hearing in court.
(D) If a hearing in court is desired, a Declaration of Opposition form shall
V"' be signed under penalty of perjury and returned to the lienholder within 10
days of the date the Notice of Intent to Dispose of a Vehicle Valued at $100
5 -A I or Less form was mailed.
(E) If the Declaration of Opposition form is signed and mailed, the
'q lienholder will be allowed to dispose of the vehicle only if the lienholder
obtains a court judgment or a subsequent release from the declarant.
(F) If a court action is filed, the declarant will'be notified of the lawsuit
C at the address shown on the Declaration of Opposition form, and the
declarant may appear to contest the claim.
(G) The declarant may be liable for court costs if a judgment is entered
in favor of the lienholder.
(4) A statement that the lienholder may dispose of the vehicle to a
licensed dismantler or scrap iron processor if it is not redeemed or if a
j: 1
Declaration of Opposition form is not signed and mailed to the lienholder
t
'i within 10 days of the date the Notice of Intent to Dispose of a Vehicle Valued
at $100 or Less form was mailed.
(d) If the lienholder receives a completed Declaration of Opposition
form within the time prescribed, the vehicle shall not be disposed of unless
the lienholder files an action in court within 20 days of the date the Notice
of Intent to Dispose of a Vehicle Valued at $100 or Less form was mailed and
a judgment is subsequently entered in favor of the lienholder or unless the
decla rant subsequently releases his interest in the vehicle.
(e) Service on the declarant by certified mail, return receipt requested,
which receipt is signed by the addressee at the address shown on the
Declaration of Opposition form, shall be effective. If the lienholder has
served the declarant by certified mail at the address shown on the
Declaration of Opposition form and the mail has been returned unclaimed,
the lienholder may proceed with the disposal of the vehicle. The proof of
service shall be submitted to the Department of Motor Vehicles with the
documents specified in Section 22851.10:
Added Ch. 1111, Stats. 1980. Effective January 1, 1981.
Disposal of Vehicle to Dismantler or Scrap Iron Processor
4! 22851.10. (a) Any vehicle determined to have a value not exceeding one
hundred dollars ($100) pursuant to Section 22670 which was stored pursuant
to this chapter, and which remains unclaimed, or for which reasonable
towing and storage charges remain unpaid, shall be disposed of only to a
licensed dismantler or scrap iron processor not earlier than 15 days after the
date the Notice of Intent to Dispose of a Vehicle Valued at $100 or Less form
n F,
required., pursuant to subdivision (b ) of Section 22851.8 was mailed, unless
sk a Declaration of Opposition form as been signed and returned to the
lienhold6r.
(b) If the vehicle has been disposed of to a licensed dismantler or scrap
iron processor, the lienholder shall forward the following forms and
information to the licensed dismantler or scrap iron processor within five
l days:
3zs Ali (1) A statement, signed under penalty of perjury, that a properly
executed Declaration of Opposition form was not -received.
(2) A copy of the notice sent to all interested parties.
(3) A certification from the public agency which made the determination
of value pursuant to Section Z2670.
(4) The proof of service pursuant to subdivision (e) of Section 22851.8 or
a copy of the court judgment, if any in favor of the lienholder entered'�
pursuant to subdivision (d) of Section 22851.8.
(5) The name, address, and telephone number of the licensed dismantler
or scrap iron processor who received the vehicle.
(6) The amount the lienholder received for the vehicle,
Added Ch. 1111, Stats. 1980. Effective January 1, 1981.
Amended Ch. 664, Stats. 1982. Effective January 1, 1983.
Div. 11* - 463 -* § 2285 2.5
-> Lienholder Costs: Low Value Vehicle
2285112. The lienholder may recover actual costs incurred in the
processing for disposal of any vehicle of a value determined to be one
hundred dollars ($100) or less pursuant to Section 22670, not to exceed fifty
dollars ($50), from any person who redeems the vehicle prior to disposal.
These costs may commence when the lienholder requests the names and
addresses of all persons having an interest in the vehicle from the
Department of Motor Vehicles.
Added Ch. 1111, Stats. 1980. Effective January 1, 1981.'
Notice to Owner
22852. Whenever an authorized member of a public agency directs the
storage of a vehicle, as permitted by this chapter, or upon the storage, of any
vehicle as permitted herein .(except as provided in subdivision (c) ), the
agency or person directing the storage shall provide the vehicle's registered
and legal owners of record, or their agents, with the opportunity for a
post- storage hearing to determine fhe validity of the storage.
(a) A notice of such storage shall be mailed or personally delivered to the
registered and legal owners within 48 hours, excluding weekends and
holidays, and shall include the following information:
(1) The name, address, and telephone number of the agency providing
the notice;
(2) The location of the place of storage and description of the vehicle
which shall include, if available, the name or make, the manufacturer, the
license plate number, and the mileage;
(3) The authority and purpose for the removal of the vehicle.
Such notification shall also specify that, in order to receive their
post- storage hearing, such owners, or their agents, must request the hearing
.in person, writing, or by telephone within 10 days of the date appearing on
the notice. Any such hearing shall be conducted within 48 hours of the
request, excluding weekends and holidays. The public agency may authorize
its own officer or employee to conduct the hearing, so long as such hearing
officer is not the same person who directed the storage of the vehicle.
(b) Failure of either the registered or legal owner, or their agent, to
request or to attend a scheduled hearing shall satisfy the post- storage validity
hearing requirement of this section.
The agency employing the person who directed the storage shall be
responsible for the costs incurred for towing and storage if it is determined
in the hearing that probable cause for the storage cannot be established.
(c) The provisions of this section shall not apply to the removal of vehicles
abated under the Abandoned Vehicle Abatement Program. pursuant to
;_._ Sections 22660 to 22668, inclusive, and Section 22710, or to vehicles
impounded for investigation pursuant to Section 22655, or to vehicles
removed from private property pursuant to Section 22658.
Amended Ch. 57, Stats. 1960. Effective June 25, 1960.
Amended Ch. 1342, Stats. 1961. Effective September 15, 1961.
Amended Ch. 1070, Stats. 1968. Effective November 13, 1968.
Amended Ch. 239, Stats. 1975. Effective January 1, 1976.
Repealed and Added Ch. 1022, Stats. 1979. Effective January 1, 1980.
Loss of Possessory Lien
22852.5. (a) Whenever- the possessory lien upon any vehicle is lost
through trick, fraud, , or device, the repossession of the vehicle by the
lienholder revives the possessory lien, but any lien so revived is subordinate
to any right, title, or interest of any person under any sale, transfer,
encumbrance, lien, or other interest acquired or secured in good faith and
for value between the time of the loss of possession and the time ; of
repossession.
(b) It is a misdemeanor for any person to obtain possession of any vehicle
or any part thereof subject to a lien pursuant to the provisions of this chapter
by trick, fraud, or device.
§ 22853 0
—464— 0
Div. 11
(c) It is a misdemeanor for any person claiming a lien on a vehicle to
knowingly violate any provision of this chapter.
Added Ch. 1111, Stats. 1980. Effective January 1, 1981.
was removed, the amount of mileage on the vehicle at the time of removal,
the grounds for removal, and the name of the garage or place where the
l vehicle is stored.
Amended Ch. 57, Stats. 1960. Effective June 25, 1960.
Amended Ch. 1070, Stats. 1968. Effective November 13, 1968.
Amended Ch. 98, Stats. 1972. Operative October 1, 1972 by terms of an urgency clause.
Amended Ch. 239, Stats. 1975. Effective January 1, 1976.
Repealed and Added, Ch. 913, Stats. 1983. Effective January 1, 1984.
Notice to Department of Justice
22853 (a) Whenever an officer or an employee removing a California
registered vehicle from a highway or from public property for storage under
this chapter does not know and is not able to ascertain the name of the owner
or for any other reason is unable to give notice to the owner as required by
Section 22852, the officer or employee shall immediately notify, or cause to
be notified, the Department of Justice, Stolen Vehicle System, of its removal.
The officer or employee shall file a notice with the proprietor of any public
garage in which the vehicle may be stored. The notice shall include a
complete description of the vehicle the date time and lace from which
removed, the amount of mileage on the vehicle at the time of removal, and
the name of the garage or place where the vehicle. is stored.
(b) Whenever an officer or an employee removing a vehicle not
ill
registered in California from a highway or from public propert for storage
under this chapter does not know and is not able to ascertain the owner or
for any other reason is unable to give the notice to the owner as required
by Section 22852, the officer or employee shall immediately notify, or cause
to be notified, the Department of Justice, Stolen Vehicle System. If the
vehicle is not returned to the owner within 120 hours, the officer or
employee shall immediately send, or cause to be sent, a written report of the
removal by mail to the Department of Justice at Sacramento and shall file
a copy of the notice with the proprietor of any public garage in which the
vehicle may be stored. The report shall be made on a form furnished by that
department and shall include a complete description of the vehicle, the date,
time, and place from which the vehicle was removed, the amount of mileage
on the vehicle at the time of removal, the grounds for removal, and the name
of the garage or place where the vehicle is stored.
(c) Whenever an officer or employee or private party removing a vehicle
from private property for storage under this chapter does not know and is
not able to ascertain the name of the owner or for any other reason is unable
to give the notice to the owner as required by Section 22852 and if the vehicle
is not returned to the owner within a period of 120 hours, the officer or
employee or private party shall immediately send, or cause to be sent, a
written report of the removal by mail to the Department of Justice at
Sacramento and shall file a copy of the notice with the proprietor of any
public garage in which the vehicle may be stored. The report shall be made
on a form furnished by that department and shall include a complete ,.
description of the vehicle the date time and place from which the vehicle -
Notice to Owner
22854. The Department of Justice upon receiving notice under Section
22853 of the removal of a vehicle from a highway, or from public or private
property, shall notify the registered and legal owner in writing at the
addresses of such persons as shown by the records of the Department of `, •:
Motor Vehicles, if the vehicle is registered in this state, of the removal of such
vehicle, and give the name of the officer reporting such removal, the
grounds upon which the removal was authorized and the location of the
vehicle. If the vehicle is not registered in this state, the department shall'-"
make reasonable effort to notify the legal or registered owner of the removal -.�
Div. 1
0
I
i
f
0
—465—
§ 22952
and location of the vehicle. The notice to the registered or legal owner shall
list the amount of mileage on the vehicle at the time of removal.
Amended Ch. 57; Stats. 1960. Effective June 25, 1960.
Amended Ch. 98, Stats. 1972. Operative October 1, 1972 by terms of an urgency clause.
Amended Ch. 239, Stats. 1975. Effective January 1, 1976.
Appraisers
22855. The following persons shall have the 4uthority to make appraisals
of the value of vehicles for purposes of this chapter, subject to the conditions
stated in this chapter-
(a) Any member of the California Highway Patrol designated by the
commissioner.
(b Any regularly employed and salaried deputy sheriff or other
employee designated by the sheriff of any county
(c) Any regularly employed and salaried police officer or other employee
desiggnated by the chief of police of any city
(d) Any officer or employee of the Department of Motor Vehicles
designated by the director of that department.
(e) Any member of the California State Police designated by the chief
thereof.
(f) Any regularly employed and salaried police officer or other employee
of the University of California Police Department designated by the chief
thereof.
(g) Afiy regularly salaried employee of a city, county, or city and county
designated by a board of supervisors or a city council pursuant to subdivision
(a) of Section 22702.
(h) Any regularly employed and salaried police officer or other employee
of the police department of a California State University designated by the
chief thereof.
(i) Any regularly employed and salaried security officer or other
employee.-Of a transit district security force designated by the chief thereof.
of the Department of employed and Recreation designated by the director y of
that department.
Amended Ch. 1135, Stats. 1965. Effective September 17, 1965.
`r• Amended Ch. 1055, Stats. 1967 Effective November 8, 1967
Amended Ch.. 1116, Stats. 1969. Effective November 10, 1969.
Amended Ch. 1431, Stats. 1970. Effective November 23 1970.
Amended Ch. 130, Stats. 1971. Operative May 3, 1972. ,
Amended Ch. 798, Stats. 1974. Effective January 1, 1975. Supersedes Ch. 545.
Amended Ch. 909, Stats. 1979. Effective January 1, 1980.
: `" ;•i' Amended Ch. 143, Stats. 1983. Effective January 1, 1984.
f rc,
i
CHAPTER 11. PARKING LOTS
Offstreet Parking Facilities: Regulation by City of Los Angeles
22950. Any city having a population of over 2,000,000 inhabitants shall
regulate offstreet parking facilities within its jurisdiction in a manner not
- inconsistent with any provisions of this chapter.
Amended Ch. 1346, Stats. 1963. Effective September. 20, 1963.
Amended Ch. 1041, Stats. 1965. Effective September 17, 1965.
Amended Ch. 1192, Stats. 1968. Operative January 1, 1969
T Repealed and added Ch. 802, Stats. 1976. Effective January 1, 1977
`Street and Alley Parking
.22951 No operator of any offstreet parking facility shall park the vehicle
of a patron of the facility in any street or alley.
'Amended Ch. 1346, Stats. 1963. Effective September 20, 1963.
Repealed and added Ch. 1041, Stats. 1965. Effective September 17, 1965. Supersedes Ch. 66.
, ,lowing or Removal: Violations
22952. Every person engaged in the operation of offstreet parking
,facilities is guilty of a violation, who:
i
§ 23100 -466 - Div. 11
(a) Tows or removes or authorizes the towing and removal of any vehicle
within 24 hours of the expiration of the period for which a particular fee is
charged. This subdivision shall not affect or limit any parking lot operator
from charging parking fees in accordance with his posted schedule for the
additional time such vehicle is parked.
' I (b) Tows or removes or authorizes the towing and removal of any vehicle
when such parking facilities are held open for public use and there was no
attendant on duty or other facilities permitting the patron to pay or remit
rl the parking charges at the time such vehicle was first parked. This
subdivision shall not affect or limit any parking lot operator from charging
parking fees in accordance with his posted schedule for the time such vehicle
is parked.
4 Added Ch. 1346, Stats. 1963. Effective September 20, 1963.
Amended Ch. 1055, Stats. 1965. Effective September 17, 1965.'
Amended Ch. 1192, Stats. 1968. Operative January 1, 1969.
! j CHAPTER 12. PUBLIC OFFENSES
i! Article 1. Driving Offenses
(Added Ch. 940, Stats. 1981. Effective January 1, 1982)
Application of Chapter
23100. The provisions of this chapter apply to vehicles upon the highways
J and elsewhere throughout the State unless expressly provided otherwise.
Influence of Alcohol or Alcohol and Drugs Causing Death or Injury
!f
23101.
Amended Ch. 1259, Stats, 1965. Effective September 17 1965.
Amended Ch. 92. Stats. 1972. Effective March 7, 1973.
Amended Ch. 1139, Stats. 1976. Operative July 1, 1977
Amended Ch. 592, Stats. 1977 Effective January 1, 1978.
Amended Ch. 790, Stats. 1978. Effective September 18, 1978 by terms of an urgency clause.
Repealed Ch. 790, Stats, 1978. Operative July 1, 1980.
Added Ch. 790, Stats. 1978. Effective September 18, 1978 by terms of an urgency clause.
Operative July 1, 1980.
Added Ch. 276, Stats. 1980. Effective July 20, 1980 by terms of an urgency clause. Operative July
1, 1982.
Amended Ch. 1004 „Stats. 1980. Operative July 1, 1982. Supersedes Ch. 661.
Repealed Ch. 940, Stats. 1981. Effective January 1, 1982. Supersedes Ch. 934.
' Amended and renumbered, Ch. 940, Stats. 1981. See Section 23153.
i Influence of Alcohol or Alcohol and Drugs
4' 23102.
' Amended Ch. 128g, Stats. 1959. Effective September 18, 1959.
Amended Ch. 1990, Stats, 1963. Effective September 20, 1963. Supersedes Ch. 117
Amended'Ch. 1662, Stats. 1965. Effective September 17, 1965.
Amended Ch. 92, Stats. 1972. Effective March 7, 1973.
Amended Ch. 1128, Stats. 1973. Effective January 1, 1974.
Amended Ch. 385, Stats, 1975. Effective January 1, 1976.
Amended Ch. 592, Stats. 1977 Effective January 1, 1978. Supersedes Ch. 579.
C; Amended Ch. 790, Stats. 1978. Effective September 18, 1978 by terms of an urgency clause.
C, Repealed Ch. 790, Stats. 1978. Operative July 1, 1980.
u Added Ch. 790, Stats. 1978. Effective September 18, 1978 by terms of an urgency clause.;
Operative July 1, 1980. g y
Amended Ch. 1004, Stats. 1980. Operative July 1, 1982. Supersedes Ch. 276 and 661.
!: Repealed Ch. 940, Stats. 1981. Effective January 1, 1982.
Amended and renumbered, Ch. 940, Stats. 1981. See Section 23152.
a
Suspended Sentence: Alcoholism Program
23102.1.
Added Ch. 890, Stats. 1977 Effective January 1, 1978.
Amended Ch. 429, Stats. 1978. Effective July 17, 1978 by terms of an urgency clause.
r'
Amended Ch. 954, Stats. 1978. Effective September 20, 1978 by terms of an urgency clause.'
Amended Ch. 276, Stats.
"'•?_; +F
,.;
1980. Effective June 30, 1980 by terms of an urgency clause. Operative
-
July 1, 1980.
Repealed Ch. 1004, Stats. 1980. Effective January 1, 1981.
? et
Added Ch. 276, Stats. 1980. Effective July 1, 1980 by terms of an urgency clause. Operativeluly':
1, 1982.
Repealed Ch. 940, Stats. 1981. Effective January 1, 1982.
a
0 . •
RESOLUTION NO. 79 -89
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LYNWOOD REQUIRING THE FILING OF AN APPLICATION
FORM FOR THE INSTALLATION OF ON- STREET HANDI-
CAPPED PARKING ZONES
WHEREAS, the City Council of the City of Lynwood adopted
Resolution No. 77 -89 recognizing the need to provide disabled
persons handicapped parking zones, and
WHEREAS, the City Council of the City of Lynwood intends
to provide such handicapped parking zones in an orderly fashion,
NOSY, THEREFORE, BE IT RESOLVED by the City Council of
the City of Lynwood that:
Section 1 . Any requests for the installation of handicapped
parking zones shall conform to Exhibit "A" and Exhibit "B" attached
hereto and made a part by this reference to be known as Instruc-
tions and Application for Disabled Persons on Street Parking, res-
pectively.
Section 2 . Any handicapped parking zones existing at the date of
execution of this Resolution will be required to conform to Section 1
herein within 90 days thereafter, except that the initial application
fee shall be waived for these existing handicapped parking zones.
Section 3 . Tha Public Works Director is herebv ordered to
administer the application and installation of Handicapped Parking
Zones as required herein and to remove Non- Conforming Handicapped
Parking Zones as required by Section 2 herein.
PASSED, APPROVED, AND ADOPTED this 6th day of
November , 1979.
/s/ F. L, Morris.
E.L. MORRIS, Mayor
City of Lynwood
(SEAL)
ATTEST:
/s/ Laurene Coffey
LAURENE COFFEY, City Cler:_
City of Lynwood
EXHIBIT A
STATE OF CALIFORNIA )
ss..
COUNTY OF LOS ANGELES )
I, the - undersigned, City Clerk of the City of Lynwood, do hereby
certify that the above and foregoing resolution was duly adopted by the
City Council of said City at a
regular meeting thereof held
in the City Hall of said City on the rth day of NnvamhPr
19 79 , and passed by the following vote:
AYES: COUNCILMEN BYORK, GREEN, HIGGINS, ROWE, MORRIS.
NOES: COUNCILMEN NONE.
ABSENT: COUNCILMEN NONE.
/sl Laurene Coffey
City Clerk, City of Lynwood
STATE OF CALIFORNIA j
) ss.:
COUNTY OF LOS ANGELES )
I, the undersigned City Clerk of the City of Lynwood, and clerk
of the City Council of said City, do hereby certify that the above and
foregoing is a full, true and correct copy of Resolution No.7
on file in my office and that said resolution was adopted on the date
and by the vote therein stated.
Dated this oth day of November , 197q
City Clerk, City o TLYk:wood
0
DISABLED PERSONS ON- STREET PARKING IN RESIDENTIAL AREAS
INSTRUCTIONS
a
The City of Lynwood does not provide on- street parking for private
individuals. It must be emphasized that even "disabled parking
zones" do not constitute "Personal reserved parking," and, that
a_ y person with valid "disabled persons" license plates (DP or
VT plates) may park in such stalls. Persons parking in such stalls
without valid DP or VT plates may be cited and towed away as
resolved by City Council Resolution No. 77 -89,
Normally, in establishing on- street parking facilities for the
disabled there shall be a reasonable determination made that the
facility will serve more than one disabled person and that the
need is of an on -going nature. The intent is to prevent the pro-
liferation of special parking stalls that may be installed for a
.short -term purpose but later are seldom used. Unjustified
installation of.such parking stalls unnecessarily increases the
City's maintenance and operations costs reduces available on- street
parking for the general public and detracts from the overall
effectiveness of the disabled persons parking program.
However, exceptions may be made, in special hardship cases, provided
all of the following conditions exist:
(1) Applicant (or guardian) must be in possession of valid license
llaat_e for "disabled persons" or "disabled veterans" issued by the
California Department of Motor Vehicles on the vehicle.
(2) The proposed disabled parking space must be in front of the
disabled persons place of residence.
(3) ,Subject residence must not have off- street parking available
or off - street space that maybe converted into disabled parking.
(4) Applicant must provide a signed statement from a medical doctor
that the disabled person is unable (even with the aid of crutches,
braces, walker, wheelchair or similar support) to travel more than
50 feet between his or her home and automobile without the
assistance of a second person.
(5) Applicant must pay an initial fee of $15.00 to cover the cost
of field investigation, installation, maintenance and future removal.
(6) Applicant must pay an annual fee of $10.00, after the first
year, to cover the cost of yearly investigation to confirm the pre-
sent need for -the handicapped parking zones.
Note: Please do not send check until after this application has
been reviewed by the Traffic and Parking Commission and approved
by the City.
Return application:
City of Lynwood
Public Works De partment,
Transzortation Division
11330 Bullis Road
Lynwood, CA 90262
1 :001•
0
0
CITY OF LYNWOOD
APPLICATION
DISABLED PERSONS ON- STREET PARKING IN RESIDENTIAL AREAS
Important Please read instructions on reverse side before filling out
(Please Type or Print)
Applicant's Name
Address
City Zip Code
Telephone No.
1. Is the above address the proposed location for the disabled
parking space?
Yes No
2. Do you own the property at this address or are you renting it?
I own the property I am renting it other
If other, explain
3. Is the applicant the disabled person? Yes No
If not, what is the relationship to the disabled person?
Spouse_ Parent_ Guardian_ Relative_ Other_
4. Do you have valid "disabled persons" license plates (DP or VT
plates) issued by the California Department of Motor Vehicles
on your vehicle?
Yes No
5. Is there a driveway or other off- street space available at this
address that may be used for off- street parking?
Yes No
6. is there sufficient space in front of this address to accommodate
an on- streert parking space?
- Yes No
I have read and understand the preceding instructions and have answered
the above questions truthfully and to the best of my ability. I also
understand that the disabled parking space is not exempt from street
sweeping parking restrictions or other applicable part -time parking
prohibitions at this location.
Applicant's Signature Date
MEDICAL DOCTOR'S STATEMENT
I testify that the subject "disabled person" in this application
constitutes a special hardship case who is unable to travel more than N
50 feet (even with crutches, braces, walker, wheelchair or other
support) without the assistance of a second person.
Doctor's Signature
Date
(Please Type or Print Following)
Doctor's Name
Address City
Telephone Number
Zip Code
•
0 0
DATE: MAY 21, 1987
TO' THE HONORABLE CHAIRMAN AND MEMBERS OF THE
TRAFFIC AND PARKING COMMISSION
FROM' JOSEPH Y. WANG, P.E., DIRECTOR OF PUBLIC WORKS/
CITY ENGINEER
SUBJECT. HANDICAP PARKING FEE REVIEW
Attached is a letter from the Traffic and Parking Commission to
the Mayor recommending that the fee for the installation of
Handicap Zones be raised from $15 per application to $25 per
application.
ITEM 7
T02 550
�, City of 'v N O
sill "®®
4LL�AME41C> CITY
A City Jleeting NaRenges I i
11330 BULLIS ROAD
LYNWOOD, CALIFORNIA 90262
(213) 6030220
DATE' MAY 21, 1987
TO' THE HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM' THE HONORABLE CHAIRMAN AND MEMBERS OF THE
TRAFFIC AND PARKING COMMISSION
After reviewing Resolution 79 -89
"A Resolution of the CITY COUNCIL OF THE CITY
OF LYNWOOD REQUIRING THE FILING OF AN APPLICATION
FORM FOR THE INSTALLATION OF ON- STREET HANDICAPPED
PARKING ZONES."
The Traffic and Parking Commission is recommending that the
application filing fee be raised from the current $15 per
application to $25 per application.
Respectfully yours,
RONALD WRIGHT
Chairman
Traffic and Parking Commission
RW:.7D:ow
T02.570
0 0
INFORMATIONAL_ITEMS
1. City Hall Improvements
Work is continuing with additions to landscaped areas, Sheriff's
entrance and a new sewer connection for the Sheriff's station..
2. Century Boulevard Crack Seal Project
Work is 75% complete on this project All cracks have been
sealed and pavement patching is now being done. This project is
funded with SB 300 money. Staff is requesting additional funds
to seal longitudinal and transverse joints in the project area.
3. Brenton Avenue Reconstruction
The reconstruction of Brenton Avenue is complete. The
improvements included new and rehabilitated pavement, patching
and repairs of sidewalks and gutters.
4. Well Project
The well has been drilled to a depth of 1030 feet. The seals
are being installed. Next, the well housing and pumps will be
constructed. The project is estimated to cost $400,000 with 80%
paid by Cal- Trans.
5. Tree Trimming Project (FY 1986 -87)
This project is now underway with 40% of the work being
completed. This project will full trim all trees in area two of
the City at a cost of $89,000. The Contractor, California
Western Arborists of Compton is progressing well.
T02.590
_cs City of � ���
�� 4 v1 City ;�1�1eoting ChaPPenges ( I I � � i
11330 BULLIS ROAD_
LYNWOOD, CALIFORNIA 90262
(213) 603.0220
May 14, 1987
Sergeant Lynn Reeder
Los Angeles County Sheriff's Department
Dear Sergeant Reeder:
On behalf of the City of Lynwood Traffic and Parking
Commission, we would like to thank you for all the work
and energy you have given to this community through
your work with the Traffic Division. You will be
missed by this Commission. We wish you well in your
future endeavors and invite you to join us anytime in
the future.
Sincerely yours,
RONALD WRIGHT
Chairman
ROBERT ARCHAMBAULT
Commissioner
JOE DARYL BATTLE
Commissioner
WILLIAM CUNNINGHAM
Commissioner
VICTORIA SIMPSON
Commissioner
T02.540
2
'Demand
-Can't Build
Seen as
By KEVIN RODERICK, Times Staff Writer
After particularly bad traffic
days, somebody - always calls local
talk shows and newspapers to
suggest adding an upper deck to
-Southern California freeways.
f' They cite the two -level Embar-
cadero Freeway along the San
Francisco waterfront. But the old,
Ugly Embarcadero gave birth to
the first freeway revolt in the 1960s
and was never finished. Conse-
`.quently, the idea of erecting a new
layer over existing freeways here is
!.usually dismissed as the ravings of
a mind driven to desperation by a
:long day on the Santa Ana.
to Ease Mess
When the elevated transitway is
ready to open, as early as 1993,
engineers -also hope to snip the
ribbon on the ultramodern $1.7-
billion Century Freeway across the
belt of Los'Angeles County. The
Century will have a train down the
middle for rapid transit, diamond
lanes for buses and car pools, three
CAUGHT 1111 TRAFFIC
Why congestion in Southern California will
On ly get worse. Last of three articles.
The traffic picture is so bleak, lanes each way for regular traf-
.however, that the crazy is becom- ftc —and will probably be congest-
ing real on the Harbor Freeway ed at rush hour the. same month
The California Department of that it opens.
Transportation has plans for a Despite the futuristic new proi.-
five-mile transitway above the ects „however, experts in and out of
center of the freeway Part of a government are moike convinced
.19 -mile diamond lane project, it is than ever that expensive new free -
the best strategy engineers can see ways- and rail lines are. not the
to carry more buses and car pools in answer to Southern California's
and out of downtown Los Angeles. chaotic traffic.
2!0 , Part 1/Tuesday, Ap rili21,,1987 ji
Experts Say.
,, We're , simpIy not going to solve
this problem by building our way. a
out of it,” said David Roper, deputy,
Caltrans director in Los Angeles.
That is not to say there is any
agreement on a solution, to the
massive traffic snarls predicted for
the next decade or two, let alone
any relief for the everyday conges-
tion commuters face. Those who
find today's traffic unbearable„
might consider moving, because
the experts say congestion can only.
get worse.
Caltrans and others say, howev.-
er, that the future can be made a
little less horrible with the inex-
pensive steps that helped keep'
traffic running smoothly during the
1984 Olympics. '
Some are familiar if unpopular;,
such as car pools and rescheduled
work hours. Others are less well
known, such as traffic management;
organizations and "smart" free-
ways. J
Please see TRAFFIC, Page 20'
TRAFFIC: Cst
I' ®t
Answer t® P Yw
_ romem
, e ,
• Continued from Pa e 1 i ' c ' The most powerful force keeping
g people in their cars 'may be' 'Ti.me orMoriey'- =
And some toll roads stop lights ' Southern California's wheel - borne :, "You'either have to give a travel,
on the freew and truck bans —, life style ..Young aerospace workers ' time advantage or a financial ad-
In the world
could be viewed of t radical. raffic enginee rs, in El Segundo go surfing in Hermo- vantage — either time' or money,"
for t.; .said Tad Widb
the buzzword for these tactics is' .sa. Beach .on their way home: to y, president of Co m - '
"demand management." Cut. the.'', Long'Beach,.and downtown office; mutes Computer, the govern -
workers might drive 10 [Hiles to ment= funded company that pro -
numbers of.cars and trucks on 'the }
Santa_ M for dinner before ^ `' motes- egi coordinates car pooling;
road at rush hour, the theory goes, fr eeways. . driving another 10 miles ,Home to i n.
and there, is no need to "spend.' , i n th e regio Sherman Oaks. But,'critics point out, these'and
billions • Almost as stion ,
"It's not really very ' dramatic,.. g. many experts �: other• innovative techniques have
but it' is• effective," said Martin-1 say.;.is the free— or free —_s - not taken hold in the nearly three;
Wachs, a UCLA professor. of urban Parking that most workers enjoy, j Years since the. Olympics ended.
planning. "The Century Freeway + - even � in high - traffic' areas. like' On'e -way streets in downtown Los
may well be the last completely downtown:Los Angeles and Irvine.? ` Angeles, computerized, traffic -
new freeway' in the core [Los Businesses have been reluctant to. nals around the Coliseum' and a
Angeles) area. The dollar cost, of risk' losing- good' employees by new lane thabwas added to the San.
that- kind' of project is simply too making them pay the true cost of i Diego Freeway are the most visible
high and the political opposition, parking. The City of Los Angeles! remnants of the Olympic effort. .
simply too great." has, been'. unwilling to confront' One reason for the absence of"
unions and raise the $5- a- months progress may .have to do.with the
dithers to le
The to le ave is simple= persuade fee many city-workers pay to park.' [
either with entic _
m e cars at home, "We've been trying since I was on. tangle of traffic jurisdictions in the;
ing them pay a. price nts or by mak- the City Council," said Mayor Tom Los' Angeles Basin. The freeways
for the Bradley, chief executive since 1973. ! are built and managed by, Caltrans,
privilege of driving. j '+I[
was a good' idea then; it's a good ; a state' agency The City of Los +
idea now Angeles. runs its vast street net
"'If everyone shared a ride just If commuters were given, say, work, and smaller cities like Tor - ,
once every two weeks, demand $70 a month. and told -they could _ rance and Pasadena also manage i1J
would be cut by 10 %" and much of spend it to park or pocket it and their own -traffic affairs unless a
the freeway congestion would take a bus or a. car pool to work, street has been dedicated as a state -
evaporate, the,Los Angeles County studies suggest that enough com- ` highway Officials in rive counties
Transportation Commission re- maters would quitdriving -to ease , also oversee roads.
Gently estimated. companies freeway congestion and let large 1 antes sto Orange County officials are plan_
But the task is harder than it' P P building ; ning to build their own freeways. '
sounds. Success is measured by the: parking garages. Meanwhile, the Metro Rail subway
average number of, people travel -
ingper car, a number that has been
dropping in Southern California, ;
which already lagged'behind most
Eaktern cities. "
\ I4
v
and a network of light -rail transit -.
lines. in Los'.Angeles County are
being built by other agencies. `n
"One of the major obstacles
is that traffic does not recognize "L
the political boundaries," the Los \ \,
Angeles County Transportation
Commission, which is overseeing,
the new tight -rail lines, said. in a
critique of traffic problems recent.'
ly, The report "recommends ban -,
-TV cameras so Caltrans can more
going
g to see about the same system
s Vu message signs s that warn
switch on n ^
p quickly spot accidents and placing
traffic .information signs; in major
as today —a little bit improved," drivers a UQe back to get off, the
ZaMaranesh of Caltrans said, freeway a the
downtown parking garages. ?
e streets.
WE scarcity of new highway A City of-Los Angeles computer
The bureaucrats do not even. '
money has led'to calls for toll roads would then trip the stoplights on
agree on the use of helicopters.
.,,
"
from the Los,.Angeles County I„ Venice Boulevard and other paral- '
Radio stations use helicopters to
-Grand Jury, county Supervisor Mi- ?, lel streets to favor the cars pouring
get a quick overview of traffic ,
chael D. Antonovich and Orange off the freeway. They would, speed
problems, and the Los Angeles city,
County officials. But they would be. along to work on the street, and the'
Department of Transportation uses
the first in California and, so far at
freeway's backup would gradually'
' them to evaluate major snarls. But
least, are considered unlikely to
ease.
the California'Highway Patrol does
win public approval. I
_
( Engineers have long wanted to
= not use helicopters, nor does Cal -
Orange County, officials plan to
find a way persuade more driv-
trans.
During the Olympics, the various
raise about half the $850 million
needed to build three entirely new
I ers to leave the freeway rather ,
agencies cooperated to "make sure
freeways there from fees on devel-
than just line up
"Our feeling
behind a big snarl..
is ;that people are'
that traffic did not decay into a
opers like the Irvine Co. But even
afraid to get off because they don't.'
major embarrassment while the
those freeways will leave future
'. know, where to said-,Dale
eyes of. the world were on Los ,,
traffic worse off than today
'go'!'
Ratzlaff, a Caltrans planner.
Angeles. But the sense of urgency
Caltrans calculates that there is
- , The Santa Monica makes a good
died the day the athletes left town,
demand on some freeways for IO to
'20
laboratory for the "smart freeway."
•critics say
new lanes, if an expansion of
concept because several wide bout-
"That was in 1984, "' said Los
that size were physically possible.
evards parallel it.and. because the%
- Angeles Police Chief Daryl F
But adding. new lanes can some-,
; a
freeway is mostly within the Los
- Gates, a recent vocal critic of]
(
times have unintended effects and
Angeles city limits, minimizing the
- Caltrans and other traffic agencies.
lead to worse congestion. a, few
"We have not done anything." r
rnonths later. <_ }= ^
Some measures take a long time
.
This happens „engineers say, be - -:`
_.....
bureaucratic wran J needed 'iW
to put in place, to be sure. Last year
`
cause there is a hidden demand for,:
synchronize the stoplights. 1,1;.;
the Southern California Rapid
limited space on the freeways:
Caltrans is hoping this works
p g
Transit District began -digging the,
With congestion as. bad as it is,
l
better than the last experiment
first four miles of the Metro Rail:
many commuters leave a little
tried on the Santa Monica — taking
subway that may someday link;
earlier or hang around the office
`longer
,.
a Lane f
from regular commuters and ),f,;'
downtown Los Angeles with the ,.
^ Beverly - Fairfax area and a corner ;�
before heading home to miss
the worst of rush .hour. That is a
PI . ease see TRAFFIC, Pege 2L
- -•
of the San Fernando Valley.
I
major reason that rush hours in
;. Work also bean on the first of
Southern California have grown to
1_
several light -rail lines, from down -i
town to Long Beach, that Will tie[
into the subway. RTD officials and
three hours -each itr.the morning
and afternoon. "Traffic is, in the
end; self - regulating,” UCLA pro- ,
i of Two Freeways
politicians hailed the ground-
fessor Wachs said. ;
breaking as the start of a new era,
,,but it is an era 'that 'might take the
But as -soon as..a new lane. is
''added and congestion eases, some
7]
.
r ostponed
_for Third: Tune :
rest of the decade to truly begin..
drivers start sleeping later or quit
" The $6- billion system of mass !
'certainly
the car pool and'return to their old
habits. The number
,. `
`' For a third time, the long - awaited widening Ventura
transit lines will offer
some commuters an alternative to
,- commuting of
cars and trucks swells, and conges-
of the and
"Hollywood freeways has been delayed-=this time until December
,w `the crowded freeways. But there is
tion returns to normal. ,
to allow traffic coordinators to refine plans for relieving
considerable skepticism among
To.fightthe. effect, Caltrans is
replacing 800 fashioned
congestion.
The three -year, $39- million widening most
_ transportation experts that enough.t
people will ride the . system, .
about old -
ramp meters with a, modern,'sys-
project recently had
been scheduled to begin in June. But state Department of
,'
+ r _ "" '
Lem. Existing. meters .have to be
Transportation officials said Monday that they have encountered'
remove many: cars from the free = ' `"turned
':
-on manually,.but the new
unexpected delays in working out plans to keep traffic moving
during construction.
ways. Metro Rail "will do• for Los ^y
Angeles .traffic' congestion what
high -tech meters work on a small' -I
computer wired to sensors in the Caltrans has earmarked nearly $2 million for electronic message
signs, a radio transmitter to broadcast to
Ben-Gay. does for cancer," a skep- ,
motorists information on
a
K hencfreeway traffc j bypass routes and for signs along alternate routes advising drivers
to
ticai Claremont-McKenna College'I.
, back up, even to avoid the construction area.
weekends and at
professor said in 1984. -
Caltrans. has not .entirely; given S
mid -day, when most current me- When the project is completed in 1991, there will be five lanes in
',
each direction from the Hollywood Freeway in
, .
up on freeways. But the 20 - y e az
teis are dark: r , - downtown Los
"'We're: going - to meter every, Angeles to Topanga Canyon Boulevard on the Ventura Freeway.
1
-saga of the Century., Freeway'
makes it unli_ kely that Caltrans I
There. willbe four lanes each way from Topanga Canyon to
ramp, " , Caltranso Roper. 'said. k
will
try to build any in areas; like most
" Thousand Oaks, where the freeway now narrows to three lanes
When [a drivel], sees the- meter each way = "
he'll drive
,of 'Los Angeles County, whose
on, extra miles on the.
street if he can save time." The widening originally was to begin in mid -1985: Previous'
residents have no intention of let -.]
Ling a freeway go through: "
delays have been attributed to the slow progress of design work '
As traffic. increases, the li ghts ' and to the 11th insistence
A class - action lawsuit and feder- "
-hour by the Federal Highway
"mil stay red, longer,_ creating more i Administration; which is paying 85% of the cost, that several
al pressure scaled the
down from five lanes each way to;
LL _: _ °^ '.i overpasses be widened as part of the project. '
backup
of cars onto.,ci: streets. "
three and forced the light -rail line
This-is a touchy issue t,..h
and commuter diamond lane to bei
so
local officials, but the tactic cheap_' " - • - ,is =? ]d.:_ .WS:.. -. =
w
added.. ; r ` ,
ly, increases, the freeway capacity
About 6,000 homes were demot- `
'
j
by 5% •to 7%, "which is, not;
ished to clear the freeway's path
insignificant in this day and age,
from Interstate 605 in Norwalk
Wachs ;said: "For a. small, capital!
west to El Segundo, leaving a..
investment,. -we get `a substantial- I '
swath of blight while court battles
improvement."
froze all work for nine years. More -: •
There is even some talk within
than $300 million is being spent on
Caltrans of experimenting with
housing programs to relocate the
stoplights on the connector roads -
residents and $200 million is being
that link two "freeways. That is
spent on the state's first five - level; 'done
- along Interstate - 8. in -San '
interchange, where the Century
Diego:_ -
meets the San Diego Freeway near
Meters, on the freeway connec- 4
Los Angeles International Airport. , tors might, be included in a test of. i
Besides the Century, Caltrans - the so- called "smart freeway" con-]
plans $3 billion to $4 billion worth cept on the Santa Monica, the main e;
of improvements in the region by, freeway connecting the Westside
the year 2000, when the population 'with
downtown Los Angeles. "
of the five - county area around Los
To reduce congestion, the Santa
:Angeles is expected to be 3 million Monica's ramp meters would bet?
more than today. That is only about linked
with stoplights on main
-half' of the $7 billion Caltrans streets parallel to the freeway .I
officials think it will take to keep When traffic backs up on the Santa
the freeways flowing at today's Monica" going into downtown Los
pace.
lane. t® Alleviateess
Orange Freeway An eight -mile i ruled that any subsidies to employ- J
Continued from Page YO eastbound diamond lane on the ees for van use are taxable. Re-
making it a diamond lane for car center shoulder of the Artesia Gently, Hughes Aircraft Co. in El
pools and buses in 1976. Freeway in Los Angeles County, Segundo discontinued a .much-
' Although it was well used, con- open since 1985, has also received publicized private bus fleet for
gestion worsened and accidents clearance to continue. 1, employees who live within 15 miles ;
forced e the n Administration la of , But Caltrans' plans for a regional I of "Idon'tthi kwe're ever going to
network of diamond lanes took a. solve it with car g," said
then -Gov Edmund G. Brown Jr to severe blow in February when ! pooling,"
drop the test after five months. lukewarm citizen support killed the Roper of Caltrans. 'The private
Preferential lanes are seldom pop- proposed lane on the Ventura. ' automobile with one person in it is
ulpr at first with a large slice of the Organized and vocal opposition a tough act to beat. It's there when
' commuting public, which consider from commuters in the West San he wants it; it provides security I,
them unfair, and the 1976 fiasco left Fernando Valley and Ventura think it is tied up with our egos. So
.an extra taint on the reputation of _ County prompted many elected +anything you come up with has to
diamond lanes among politicians officials in both counties to oppose what we want to do because that is
and many drivers. the lane, saying it would make the ,
"My friends all call me 'Mr commute even worse than it is. Staggered hours may work bet
Diamond Lane' now with the same Unlike the San Bernardino Free- ter to spread the demand by com
sneer they use for wife- beaters and ' muters for precious freeway space.
way bus lane,.a separate roadway I Businesses that changed their of-
child stealers," said Roger Stanard, in the center of the freeway, the 1 Tice and lant hours —even as little
a Woodland Hills attorney who new diamond lanes simply use the ;, 30 minutes— deserve much of.%
favors adding a diamond lane on left lane. Enough room is found to 'the credit for the smooth Ol m is
the Ventura Freeway Y P
add the lane by reducing the
tr Caltrans officials said.
Caltrans engineers believe that regular lanes to 11 feet in width and
soiled reputation is both unde- using this space plus the median The Los Angeles County Trans
ser',ved and unfortunate. Facing strip to squeeze in the diamond portation Commission recently+
daylong rush hours in the near lane. The faster- moving car pool- called for a massive campaign to
future, Caltrans said new diamond ers are. separated from the cars shift hours. But some believe that
lanes are essential -to encourage stopped in traffic by only a painted the Los Angeles Basin is too large ;
mole drivers to share rides. "We stripe. for an effective program because i
believe they are part of tool The.absence of a barrier means the hours have to be synchronized]
chest that we have to have," said that the diamond lanes have a high L to avoid.causing new traffic jams.
Donald Watson, the district direc- , rate of violation, which hurts their "In an area like Los Angeles, I see:
tor?'of Caltrans in the Los Angeles i popularity "Both users and non- limited potential for staggered'
area. _ ,.
users ,are angered by violators," '-work hours," said 'Washington.
The E1 Monte Busway, a sepa- said Genevieve Giuliano, a profes- transportation consultant Orski.
rate lane for buses and car pools t sor at the University of California; It works best in a contained,
built onto the San Bernardino Irvine. "If congestion is severe, the setting like an office building or
Freeway, is considered successful incentive for violating is great, but i - industrial park,' where the hours
by`most.analysts, and.the special enforcement is almost impossible." can be juggled. :to ease traffic
.lanes have been. well received, in, And' -the experts argue that car leaving the .garage- or using a
other parts 'of' the country Believ. pooling has_ to be made more nearby .freeway ramp. Lately`
ingthat the fatal mistake 10 years attractive if it is ever to be success- businesses in areas choked by traf-
ago-was to' take a traffic lane away ful in Southern California. fic at the start and end of shift: i
from other drivers, Caltrans now Even for those who want to; the have begun to take their own steps.
stripes in diamond lanes only sprawl of Southern California re I` The P.L..Porter Co. was-one of ;
where it is possible to add new daces ,the chances of finding a i, the first companies to adopt traffic '
lanes =and then only if local offi -,. ; "suitable carpool mate. Workers at _
orals support the idea. ,1 �' a defense-plant, for example, may measures when it " moved. * to the 5
iThey are highly'. effective commute from five counties.
`where they be politically im Warner Center complex in Wood -
pleinented," said Kenneth Orski, a In addition, said. Widby muter Computer, more women are n are lived near the fir land Hills in 19 r Employees who I
.m's old West Los.
Washington transportation consul '= working and commuting, and they _Angeles plant were faced with a
taut and former federal transit 'have proven less likely to car=pool. new commute of 30 minutes or
official. "But I am well aware of the Lower gas prices have reduced the more. The owner and namesake,
political difficulty Los Angeles has cost of driving :alone, thus encour- who invented the device that led to i
freeways, dsoddon'tehold.oupmuch aging some to leave car pools. Most reclining airliner seats, set up vans
new jobs have been created in pools and switched the starting
hope." small companies where there are 1, time to 6:30 a.m: so. that workers
mixed Orange County officials des ? fewer workers to cull acar -pool would not -waste time sitting on the' ;
cided in January to keep an 11 -mile ; gtoup from - San Diego and V entura free ways.
Tax policy has• also hurt the. i, - -- — —
diamond lane on the .Costa Mesa car -pool cause, Widby said. The' Shifts' Schedules
Freeway after a yearlong expert- number of van pools had doubled in Shifts are, scheduled to end 10
ment, despite local opposition from recent years, but 25% of Commuter minutes before most other compa-
drivers who said the lane is unsafe. Computer van-pool firms dropped I nies in Warner Center. so employ- ;
The Orange County Transporta- out when the federal government j ees can beat the rush of home -
tion Commission has also backed ended the investment tax credit for ( ward- bound commuters
making a diamond lane out of a new companies that buy vans. The ( Employees who car-pool get the
lane to be added to the San Diego Internal Revenue Service also 'I best parking spots; and enough pool'
south of Long Beach and on th t .. -_. that the firm uses only 190 parking
spaces for 270 employees.
More recently,, companies in.
Warner Center and other areas
have also banded together in "traf
fic management organizations." It
is a creation of the 1980s in which.
companies in the same industrial
park share car-pool and van -pool
arrangements and' synchronize.
their hours tactically to relieve the
rush -hour burden on streets and.
freeways.
Most such associations are
formed voluntarily, although the
Irvine Co. has made membership a ,.
requirement for firms in the Irvine
Spectrum development in south
Orange County The incentive. for.
business is to keep the streets clear
so that customers and workers can
get there.,.
"For Universal City to grow, we:.
;
have to get cars off the street , ".sai n each direction.
Jim Hescox of MCA Development
To stave off traffic catastrophe,
Co., which wants to add to its 1.5
Caltrans and the City of Los Angel -
million square feet of office space
es are planning to mount an Olym -,..
}
that lures 10,000 employees'a day
pic -like effort to keep commuters
to Universal City
moving: Most work will be done at. , ^
Three years ago, the city of
night, and the crews will be forbid- ,; -
Pleasanton in the East Bay area of
den to close traffic lanes during the.':,!
Northern California became the
day
first city in the state to require•
But rush -hour traffic, already -
existing companies to take steps for
intense, is expected to slow consid- ;
reduce rush -hour traffic. "The jury,
erably because the lanes will be
is coming in, and it's generally
narrower and a lot of equipment_,',
successful," said UC Berkeley ur-
will be sitting on the edge of the
ban planner Robert Cervero.
roadbed, distracting drivers. The
All the traffic management tac-
median strip and right shoulder
tics will be put to the test beginning
will also be used for traffic, leaving,.;
this fail on the Ventura Freeway;.
no place of refuge for drivers ..,
the world's most traveled freeway
whose cars break down. y
For three years; workers and'
To speed traffic, roving tow,:
equipment will be on the freeway
trucks will be assigned to quickly,
repairing the pavement, which is
clear, free of charge, any cars that
wearing out, and laying down new
run out of gas or get flat tires. New.
markings that will add a new lane
message signs will be'erected along
—,
the freeway to alert drivers to..
trouble spots; and radio transmit -,
planners__;
;,
ters will be parked next to the. „
say„ that. a, major, recession
freeway to beam traffic. informa- ._,
tion to commuters:
"
Caltrans is also paying to mod -
"
ernize the traffic signals on nearby
streets, which will carry much of
the traffic, and to pay for city
traffic officers at key. intersections '
{
next to the free C
eway. altrans W also i
putting up money to encourage
;
drivers to start new van pools,
"We're saying every little it
-
'helps," said Dave I{ilmurray of
Caltrans. "We need to pull people.
off the freeway We hope to make
_
things not any worse than they -are
today
;
But ultimately, things are going
j
to get' worse, not just on the
Ventura but on all the other free- '
ways that let Southern Californians.
{
live 50 miles from where they work j
- ^
and•play Billions will, be spent on
new roads, but
will be
driven, nearly
people still
insane waiting in'
ever - longer traffic lines.
Some will give up their dreams of
a house in suburbia and move back
s
to the city, spending far, more than
they should on payments. Others
will move away; but still the popu-
lation is expected to grow by 5
'Million by he year 2010. Southern
California is so attractive and its I
economy, so diverse, the
planners__;
"
say„ that. a, major, recession
that
would -, scare .off, new growth is
unlikely.
"
Said Mark 'Pisano' executive di-
rector of the Southern California � -.
Assn. of Governments: "If. you
.;
think we have congestion now, you..
{
� in[cse en nothing. " -
•
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i
_
U� .crmons of the safety light
that feature blinking dots and
T Sees T �
� Red
9 flashing messages are not only
confusing but also distracting,
1 SJ J
thorities say Modified brake lights
at Car
Buffs
may also reflect off the inside of the
rear window and impair
the driv-
er's vision in the rear-view mirror.
Flash
y L l tS
As of now, neither the highway
Patrol nor the Los Angeles Police
,
Department has received any re-
Ports ' of accidents resulting from
By DAVID WHARTON
such lights.
Tony Escobar calls his mini-
"Misty
Los Angeles traffic police say
they are not writing tickets for the
pickup truck Blue." It has a ,
lights and will not unless
midnight paint job and
.chromed wheels and it rides low to r
.such
accidents begin occurring. CHP
officers are writing fix tickets
the ground.
-it for
small amounts, Officer Diane Low -
There is a strip of red and yellow
ery said.
lights that runs along the bottom of
"It seems like there have been
the truck's rear window Every
more and more of them lately,"
time Escobar hits the brakes, the
Lowery said. "I see them all the
lights blink and flash.like dance- :
time driving to work
floor lights. Escobar's friend
w ."
Cassius Green as cited last
bought the contraption for $20 at a
month for having illegal lights on
swap meet.
;
tiis 1987 Ford van. Green said he
"I think it's cool," Escobar said.
will fight the ticket in court.
"People. like it and when I see
° "I don't see what's illegal about '!
somebody else h one, I stare at
them," said Green, who owns a
Hollywood dry - cleaning store.
Around
"It's basically a decoration thing."
More.and More
Probably the most popular of the
Such colorful rear- window dis-
modified third brake lights is the
plays are becoming more and more
Night Rider. It features a thin bar
visible on Los Angeles highways.
of red lights that.blink in various
The trend started in late 1985, ,_
patterns.
when the federal. government
• `Pep Boys has sold 18,000 Night
made it mandatory for new cars to =
Riders in the last six months alone, `
have a high - mounted, third brake
-
light. The custom lights are merely
variations of the central red lamp
said John Deagon, an. associate
that is now standard on all new
buyer for the chain store. This
cam
month, the store is having a sale on
?, t
There are models that flash i $15 brake lights.
At a Pep Boys in East 'Los
blinking dots from left to right r
or
vice versa or in both directions.
•
Angeles, the Night Rider and an- y
Some spell out names and messag-
other device, the Night Lighter, i
es. Others have colored lights that
with lights that spin around the i
swirl around the license plate.
license plate, are displayed beneath
"Buckle I
But what people don't know
a sign that reads Up and
• about these brake, lights, police say,
Light Up!" At a Pep Boys on !
' is that they are illegal. And author-
i
Hollywood Boulevard, there is a ,
.ities worry that the custom lights
hand - printed sign above the Night
have become widely popular with- i
Rider display: "For Off Road Use
s out the public realizing they are
Only." The product's packaging
,I
unsafe' ''
bears a similar disclaimer.'
.. "Obviously they've been very
;
• _ Please see FLASHERS, Page sJ
--
popular. They're selling like hot.
- = -� -
cakes;' Deagon said. "It indicates
•
on the package' that it is for
off -road use only: As long as the
.1
disclaimer is displayed on the
FLASHERS
packaging, then we're able to sell
the item. We told this by
a
were the
CHP themselves."
° While custom brake lights have
Continued from Page 1
it
been available for a' dumber of
"fhe federal standard says
can't blink, can't flash, can't spell
years, manufacturers, store owners
out words" said Kent_ Milton, a
and police-say they have become
more popular as a• result o the
California Highway Patrol spokes-
September, federal regulation.
a tion.
man: "By definition, a brake light is
a steady red- burning light It gives "
The third brake
r ake light increased
.
a message to 'stop.' These other
consumer awareness and spurred a
lights can be confusing. It's not 7
certain . amount of enthusiasm,"
1
clear what message they are trans-
said a company official with Rally
:
nutting." 1.
Accessories Inc. in Miami, Fla.,
Highway patrol' officers in Los a
Which manufactures the Night
Angeles say they have begun to
Rider. As for the illegal use of his
"
write tickets for such brake lights
company's
product, the official
on a daily basis. Escobar, a 24-
said, 'Some individuals.
will go out
year-old North Hollywood cabinet
and use it as they will. That is
installer, has been pulled over
something we cannot control."
twice in the last four months:
Sonrise Motoring Accessories in
"'The twice I got, stopped, I talked
Glassell Park offers several models
them out of a ticket; " he said.
of rear - window brake lights, rang.
"They just told me to take it out."
ing from the Night Rider to a $239
Escobar has yet to remove the
device that flashes pre -pro-
lights.
grammed messages.
"If 'Hi
°
'I want to get another one and
you want to say Dear' or
'Back
out it in the front window;' he said.
Off,' you can flash that
The' National Highway Traffic
message to the person behind you,"
Sifety Administration has estimat-
said Sonrise owner Vicky Koons.,
ed that once all cars on the road are.
Koons said she warns customers
equipped with a third brake light,
that the lights are not street legal.
"I
there will be 900,000 fewer rear-
tell them so they don't come
end accidents and 40,000 fewer
back on me and say, 'But I got a
injuries each year.
ticket,'" she said. "It doesn't realm
faz ny people. It's the sami
thin window tinting. You're not
supposed to tint your windows, but
people do it anyway."
"This is a phenomenon that has
existed virtually since automobiles
were invented," said Rex Beaber, a
Los Angeles clinical psychologist.
"Many people regard their car as a
personal symbol of power. There is
a sense that doing something to ,
Your car is a declaration of inde-
pendence.
"There are several powerful
Psychological factors in action,"
Beaber said. "The law becomes
meaningless."
Escobar will stick to his lights.
"I still like them," he said. "I
keep my truck low, and that also is
against the law."
.- MONDAY. APNR 97, 1987 /PAIR V/ PAoe 8
L_n, -iNl�s
27
t5Y)I
}�QiI
r
Part I/ Wednesday, May 13, 198'1 !
Study Finds Inadequate Brakes
to Be Main 'Truck Safety Factor'
WASHINGTON (M —Brake sys-
further research into brake per -
tems should get the highest priori-
formance and truck design as part,
ty in efforts to. improve the safety
of a joint government and industry!
record of large trucks, the Trans-
safety effort.
portation Department said .Tues-
It said that efforts to improve;
day ;: ' • ,
brake systems "should receive the ;
In a :report to Congress, the
department
highest priority" and described re- "
estimated that poor
sults of truck manufacturers' tests
braking could be a contributing.
of the anti-lock systems, which are
factor in as many as one -third of all
used in Europe, as encouraging: .
t rucking
accidents. _
' The department also said. that"
More than 5,600 people were -
.more consideration should be given '
killed and 171,232 others injured in
to improving the stability of trucks
the 400,000 accidents that involved
on the road, particularly to reduo -'i
heavy and medium - weight trucks,
ing the risk of rolling. over in)
in 1984, the most recent,year for
accidents. Rollovers account for.+
which complete figures were avail-
about 60% of accidents in which
able. - -
the occupants of trucks are killed."
The department did not call for
"While trucks can never be.
any,- specific legislation, however,
designed as roll stable as cars, '}
or recommend that anti- locking
worst -case tendencies can. be
brake systems b_ a required on
avoided through prudent vehicle ^.
trucks. °' c_' °
specification and design," the study.
In general, the report suggested
concluded. -
L- S �u� LcS TL4 �
iI�C�UN�
l��E l
May 1987
•
SOUTHERN CALIFORNIA TRANSPORTATION ACTION COMMITTEE
The Guadalupe Corridor Project: (I 76L-�
A study in inter - jurisdictional cooperation "-
A complex transportation
construction project spanning
20 miles, various counties and
numerous municipalities can
mean overwhelming layers of
bureacratic red tape. Or, in the
case of the Guadalupe Corridor
Project, a combination of
freeway, transit mall, bikeways
and light rail currently under
construction in the cities of San
Jose and Santa Clara, it can
mean an opportunity for inter-
agency cooperation with a
common goal.
The San Jose area had no
choice. Its the financial and
business capital of the Silicon
Valley, the center of the so- called
"Golden Triangle" of high tech
and defense industries. The area
has undergone a rapid
industrialization, jumping from
110,000 jobs in 1950 to 800,000
in 1985. 1.3 million jobs are
projected by the year 2000
by the National Planning
Association.
Due to the sudden increase in
jobs over the past 30 years and
the great amount of land
dedicated to farming, housing
has become scarce and the cost
of living has skyrocketed. More
and more families live farther
away where cheaper housing is
more available. Some come from
as far away as Alameda and
South San Francisco. According
to Santa Clara County
Supervisor Zoe Lofgren,
commuting in the San Jose area
is "horrendous. The average
speed on the highway is 4 mph
during each rush hour "
So the $419 million Guadalupe
Corridor transportation project
took form, running from South
San Jose to Old Ironsides in
Santa Clara. With ground-
breaking of its 20 -mile light rail
system already history and
several segments of freeway
construction underway, the
project promises to transform
the area's stalled transportation
network into a progressive
example of urban travel for the
21st century
Joint Powers Board
A prime mover in implementing
the project is the Guadalupe
Corridor Joint Powers Board
(JPB). In the late 1970s, the
Guadalupe Corridor Study Group
(a forerunner to the JPB) began
exploring what could be'done to
accommodate the area's growing
transportation demands. Today,
the seven - member Board is
made up of two representatives
from Caltrans, one from Santa
Clara County, another from the
County Transit District, two from
the city of San Jose and one
from the city of Santa Clara. The
JPB oversees the entire project,
from making policy to reviewing
funding allocations.
"Primarily, the JPB is a policy
board, although it does have
some power to authorize
expenditures relative to
engineering,'' said Lou Montini of
the Santa Clara Transportation
Agency Montini emphasized the
JPB's structure facilitates
cooperation. ''None of the
agencies involved in the
A worker walks a portion of track
being laid for the Guadalupe
Corridor Project's 20 -mile light rail
system. The line, combined with
nine miles of new freeway, will
help Santa Clara County out of a
massive commuter traffic jam.
Guadalupe Corridor Project are
more powerful than another,''
he added. "That's why there's
a JPB."
Clarence Yee, Caltrans' deputy
project manager handling
Guadalupe, agreed. "The JPB
was created by necessity," he
said. "Unless all the entities
involved agree to work together
in some organized fashion, there
will be no Guadalupe Project.
(continued on page 2)
Guadalupe .. .
(continued from page 1)
Before any decision is made, the
JPB must get consensus from al
the involved agencies."
A technical management team
(TMT) assists the JPB, including
the Directors of Public Works for
the cities of Santa Clara and Sar
Jose, the Director of the Santa
Clara County (who is chair of the
TMT) and Caltrans' Deputy
District Director from District IV
The light rail project
Light rail is an important part
of the corridor's service plan. In
November 1986, groundbreaking
began on the system. Currently
under construction by the Santa
Clara County Transportation
Agency, clean, smooth - running
electric "trolleys" will run on
tracks in the median of newly
upgraded freeway as well as on
city streets. Tracks will run from
the residential and industrial
areas of south San Jose to the
northern industrial area near the
Great America themepark in
Santa Clara.
The freeway
A four -lane, nine -mile
freeway is currently near
completion of design and will be
under construction shortly by
Caltrans in the City of San Jose.
The stretch begins in the Route
85 corridor in south San Jose,
proceeds northwest, turns north
onto the Route 87 corridor and
connects with the existing Route
87 near 1 -280 near downtown.
According to Yee, Route 87 is
being divided into nine contracts.
Some earthwork and sound wall
contracts have been completed
and now bridges are under
construction.
"We have mid -1991 targeted
as our completion date for all the
freeway projects," he said.
Tying it all together will be a
transit mall, providing centralized
boarding and transfers for
County buses and light rail.
Located in the heart of
downtown San Jose, the mall
features green and red granite
pavement, sycamore trees,
antique street lamps and
decorative fountains in the midst
of transit shelters and other
amenities. Restored trolleys from
San Jose's yesteryear will travel
the mall loop during non -
commute hours, weekends and
holidays as shuttles.
Downtown is being
transformed into a vibrant
24 -hour, "pedestrian- friendly"
center including commercial
offices, retail centers, residential
areas and hotels. This urban
renaissance includes a massive
retail pavillion, a new 580 -room
hotel, a 425,000 -foot convention
center and numerous cultural
outlets, including galleries and
museums bordering a park
on the banks of the
Guadalupe River
Mode split
Despite Guadalupe's light rail
system, planned to be operating
by the early 1990s, project
planners expect only 1 percent
of area commuters will take
immediate advantage of the
modern -day trolleys. (Hence, the
JPB's commitment to freeway
improvements as well.)
By the year 2000, however,
projections are for 24 percent rai
ridership, a very high figure for
transit use. (It's helpful to
remember transit planners in
general use number of boardings
in ridership projections, which
doesn't account for people using
transfers and riding other lines.
To obtain a more realistic figure,
highway experts generally advise
reducing transit numbers
20 percent).
It's also interesting to note
Transportation Agency figures
used in their forward - looking
Transportation 2000 plan. These
projections, of 3 -5,000 riders per
day in 1988 for the northern
segment, favor light rail much
less. 20,000 riders are predicted
by the year 2000 for the
full system.
On the other hand, highway
usage will surge, with more than
165,000 traveling the corridor's
two freeways, Highways 85 and
87, each day By the year 2000,
traffic on Highway 85 will soar to
76.4 percent use, with volume on
Highway 87 increasing to 62.5
percent. The numbers prove that,
despite the "innovations" of 21st
century mass transit, freeway
travel is still the preferred mode
of travel.
Handling funding
Another aspect making the
Guadalupe Project unusual is its
funding package. 62 percent of
all funds come from an Urban
Mass Transit Administration
(UMTA) grant, while the county,
state and cities have pitched in
the remaining 38 percent.
Other Guadalupe "movers"
The Joint Powers Board isn't
the only entity involved with the
Guadalupe Corridor project.
There are numerous people
standing around like commuters
during rush hour, all of whom
are waiting for seats on the
Guadalupe Corridor "bus." Along
with local, state and federal
involvement, there are some
25 section designers, 12 utility
companies, 35 consultants and
more than 50 construction
contractors participating. So, the
Santa Clara Transit District
retained O'Brien - Krietzberg &
Associates Inc. (OKA) to oversee
construction management. OKA
assists with scheduling, cost
control and community outreach.
The Guadalupe Corridor
Project is a model for how urban
areas can achieve their
transportation goals. It takes
cooperation, compromise and
commitment to get where they're
going. For Santa Clara County
and its burgeoning population,
the multi -modal Guadalupe
Corridor Transportation Project
may be the key to relieving
high -tech gridlock. —L.R.
CTC reports state is backsliding
in funding highways
Overreliance on federal funding,
combined with a steady decrease
in state support, has seriously
threatened our highway
construction program, according
to the California Transportation
Commission's (CTC) Third Annual
Report to California Legislature.
The report cites estimates for
needed additional funding ranging
from $800 million per year for
state highway improvements to
$3 billion per year for new state
highway construction, by the
California Business Roundtable
and the Automobile Club of
Southern California, respectively
In fact, at a workshop on Highway
Funding in Irvine last year, former
CTC Chairman Joe Levy indicated
the state could use a hypodermic
of some $50 billion over the next
15 years for capital projects alone.
Summarizing the significant
transportation issues for the
Legislature, the CTC reports:
"Funding for highway construction
in California has lost ground
steadily to inflation, repair needs,
and environmental protection
requirements during the past
twenty years. State revenues now
barely cover annual costs for
maintenance, state operations,
and match of federal capital outlay
funds. The construction program
is limited to federal funds only; the
state - funded construction program
has shrunken essentially to zero."
The CTC notes that the excess
capacity, built into the state
highway system in the 1950s and
1960s when state leadership was
firmly committed to a master
highway plan, has now been used
up. However, since the 1970s, the
state highway program has been
"provided with no new revenues
and allowed to wither "
The Commission attributes the
decline in state - supported
construction to the fact that the
California gas tax, which funds
state highways, has not been
adjusted periodically to guarantee
a steady program. For instance, in
1966 the gas tax was 7 cents a
gallon; currently it is 9 cents. This
amounts to a 30 percent increase
compared to the 32 percent
inflation that has taken place
during the last 20 years.
In providing so little funding, the
state has virtually left contribution
to highway policy up to the federal
government, which, quite naturally,
favors funding for interstate
highways. Consequently, more
than two- thirds of capital outlay
spending goes to interstates,
which comprise less than one -
sixth of state highway mileage and
reach into only half of California's
58 counties.
Clearly, the assumption is the
state will share responsibility with
the federal government for
primary highway routes. Yet, the
CTC writes, "California has
dropped that responsibility " And,
while it is commendable that some
local governments are stepping in
to shoulder the burden (the
Commission reports funding from
local sources and developers now
makes up 20 percent of the 1987
State Transportation Improvement
Program), the state needs to pick
up its portion of the tab for
California to have an adequate
highway program.
The Commission maintains that
the overriding issue facing the
Legislature is whether the state
will reassume an active role in
transportation development. The
CTC report lists four "hurdles"
that must be overcome if highway
construction in California is to be
adequately funded:
• Higher annual revenues must
be generated from a mix of
sources rather than the few
traditional sources.
• Modifications to the Gann
limitation on expenditures
affecting highways must be
enacted. State highway
spending was already far
below needed levels at the
time the Gann ceiling went
into effect, and the gap
continues to widen.
(continued on page 4)
g •„ ay Users, Federation.,
th
.hte''estate ''
Beyond - -
Beyond'Che #nterstate is the's. t highway =user revenuesChas not °.:
Highway Users FederatioWs- call ;'•',•oeen returnedyt¢states ; inta'
for;oevelopmeht ofpa. future - '1. -,, - `; timely,, fa`sh ion ,iHUFatresses ; the's,
national highway program ' that- ,: need �forsafeguaidsporassur&x'
' looksibeyond:completion'ofahe=° these taxes, are ;channeled into ;`.
remaining.823'.miles,of ; the, U.S .' ` ' ; also'r
Interstate Higtivway System. -to the " , bncourades -- development,of ;n6Wt�
"changing;high'way , demands ` j systems finance gjhighway� {
today. and:tomofrow;'',,, ;''i - .improvements;, *;}
The. reportoutii'nes those ; ; ad'dressesithe mix,ofi.federaP ; r ;,:
problems that. make`s- post - � . n ' state and'local,efforts ` needed
.
Interstate'plan,necessary_„ � lr. upgrade ;higtiway;transpor.'tation.;!
describes factors influencing,our,a , and safety
'.'
mobility into the 21st. century,
and - urges'private'sector Forcopies�of.'Bey,'on"d`th6.,
r'.
involvement imdreating a ''Interstate (at:$1%SS�each);?wri e
future highway program. with iHighway l• gS Fe ?Federation:'for�' �,,
measurable goals and _ :Safety ;and- Mbbility,.•1776;�e",�z -, .
r
Recounting how'ih recent' ,eMassachusettsYAJenue;!N:W3; <;
years the federal- portion of _- ' +, Washington,D'C.'20036�� '�`+t�
CTC report . , .
inflation pushes the cost of
construction up, and the
taxpayer goes without the
(continued from page 3)
benefit of improved roads.
Finally, both the Commission
• Adequate resources for
and Caltrans stress a need for
planning, engineering, and
additional authority and revenues
environmental studies must
to conduct long -range planning to
be provided. This entails
aid the short -term programming of
maintaining a Caltrans work
projects into the STIP The
force to cover a baseline level
Commission is arguing for
of work and contracting out
manpower to perform planning,
to accommodate peak work
environmental, community, and
loads.
preliminary engineering studies, as
• The CTC should be granted
well as adequate capital outlay
greater flexibility in
funding to bring the STIP more in
programming funds in the
line with highway improvement
State Highway Account, to get
needs.
highest value for current
This is the third year in a row
revenues. The State Highway
that the Commission has noted a
Account currently contains
"serious revenue shortfall" for
$400 million in unencumbered
transportation projects in
funds. That's a reserve of 40
California. Again, this year the
percent of annual
CTC stressed California's
expenditures. By contrast, the
future growth and economic
state's General Fund carries a
development will depend on a
reserve of only 3 percent.
well- planned transportation
Generally, a dollar of revenue
system. It remains to be seen if
sits in the Account for nearly
the state administered /legislature
a year before being used
will again become a team player
toward highways. Meanwhile,
for our state highway program.
aiN-- THIS']SSUE '
Inter- agency. cooperation, _
aids freeway /light rail`,:
project'.' _ _ ; :page` t;
CTC urges state;tb`..'
do its share: for -'
freeways:' .'pagew3.M
Update ;r
r p d by the Southern Calif Transp ortation
Transportation on Amon Committee to promromote te good! �
transportation.
Win, Sells. Editor ,
Tern Niccum, Associate Editor
Articles may be reproduced only it credited: 'Pepnnted
.,m permission from Update, the newsletter of the
Southern Cahforma Transportation Actwn Committee.
Joseph Y• Yang Works
Director of public
1133 Burs 9026'2
Lynwood,
142
SOUTHERN CALIFORNIA
P I;:
TRANSPORTATION ACTION COMMITTEE
233 SOUTH EUCLID AVENUE, PASADENA, CALIFORNIA 91107
aiN-- THIS']SSUE '
Inter- agency. cooperation, _
aids freeway /light rail`,:
project'.' _ _ ; :page` t;
CTC urges state;tb`..'
do its share: for -'
freeways:' .'pagew3.M
Update ;r
r p d by the Southern Calif Transp ortation
Transportation on Amon Committee to promromote te good! �
transportation.
Win, Sells. Editor ,
Tern Niccum, Associate Editor
Articles may be reproduced only it credited: 'Pepnnted
.,m permission from Update, the newsletter of the
Southern Cahforma Transportation Actwn Committee.
Joseph Y• Yang Works
Director of public
1133 Burs 9026'2
Lynwood,
142