§ 10.40.180. City property—Parking and towing.

A.

Whenever the director shall determine that the safe, orderly and efficient conduct of the city's business and use of city property requires that the driving, parking or standing of vehicles thereon be regulated, prohibited, limited or restricted, or that public traffic be permitted thereon, the director shall have the power and authority to order signs to be erected or posted indicating that such driving, parking or standing is thus prohibited, limited or restricted, or that such public traffic is permitted. Such authority shall, in the case of a parking district, be exercised pursuant to parking district commission direction.

B.

When signs prohibiting or restricting public parking or driving, in such form and size as determined by the director, giving notice of such restrictions or conditions of use are posted, no person shall drive, park or stand any vehicle, bicycle, motorized bicycle, skateboard or roller skates contrary to the directions or provisions of such signs.

C.

Any law enforcement or parking enforcement officer is authorized to remove or cause the removal of any vehicle from city property, including a city off-street parking facility, to the nearest garage or other place of safety, or to a garage designated or maintained by the city, when the vehicle is parked, stopped or left standing in violation of signs posted pursuant to subsection B of this section, or of the California Vehicle Code when applicable, and where such signs give notice that such vehicle will be towed.

D.

In addition to, or as an alternative to removal of vehicles, any law enforcement or parking enforcement officer may immobilize any vehicle under the requirements set forth in Section 22651.7 of the Vehicle Code, relating to vehicles with parking violations outstanding, as provided in Section 22651.7. An administrative fee or fees for such immobilization may be established by resolution of the city council. Any vehicle immobilized as set forth herein shall remain immobilized until the conditions set for in Section 22651.7 are met, and all applicable administrative fees are paid to the city.

(a)

Subject to the provisions of subsection (b), where a vehicle is immobilized pursuant to Vehicle Code Section 22651.7 or any other code section which authorizes similar immobilization, and the owner or person in control of the vehicle has been issued five or more notices of parking violations that are delinquent, such owner or person in control of the vehicle shall be required to pay the department a charge to be determined by the city council for the cost of the immobilization.

(b)

The charge imposed by subsection (a) above shall not be applicable to a vehicle which prior to release to the owner, has been so immobilized and subsequently towed to an impound garage.

(c)

Upon immobilization of such vehicle the person effecting such immobilization shall cause to be placed on such vehicle, in a conspicuous manner, notice sufficient to warn any individual that such vehicle has been immobilized an any attempt to move such vehicle might result in damage to such vehicle. Said notice shall also state that there is a right to a post-immobilization hearing to determine the validity of such immobilization. Such hearing shall be conducted by a hearing officer appointed to conduct such hearings. This post-immobilization hearing will not be determinative of or adjudicate any citation issued relative to any immobilized vehicle. This hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. Failure of either the registered or legal owner or his or her agent to request or to attend a scheduled hearing shall satisfy the post-immobilization validity hearing requirements of the subsection.

(d)

The immobilizing device or mechanism shall remain in place for 72 hours unless the owner has complied with Section 22651.7 of the Vehicle Code or as a result of a hearing held pursuant to subsection (c) of this section it is determined that the device or mechanism should be removed. If the immobilization occurs when a vehicle is parked in a tow-away zone or restricted parking area; or in a location so as to be blocking or impeding traffic, then such vehicle is subject to immediate towing and impounding. Booting, towing and storage fees, subject to the determination of the hearing officer, pursuant to subsection (c) of this section and applicable Vehicle Code sections, that such fees are not required, shall be paid before the owner of such vehicle, or authorized person, shall be permitted to repossess or secure the release of the vehicle. The owner or person entitled to possession of such vehicle shall also be responsible for the return of the immobilization device or mechanism to the city and shall be responsible for an additional fee of $50.00 per day for each day, or part thereof, after the first 24 hours, for which the immobilization device or mechanism is not returned to the city, up to a maximum of $500.00.

(e)

Once a vehicle has been immobilized pursuant to Vehicle Code Section 22651.7 or any other similar provision of laws which authorizes immobilization, no one, other than such persons who are authorized by law to do so, shall mobilize any such vehicle or damage the immobilization device in any way.

(f)

No one other that a person authorized by law to immobilize a vehicle pursuant to Vehicle Code Section 22651.7 or other similar provision of law, shall, once a vehicle has been so immobilized, cause any such vehicle to be towed from the location where immobilized. If any such vehicle is so towed both the person requesting the towing service and the operator of the towing vehicle shall be in violation of this section.

(g)

Any violation of either subsections (e) or (f) shall constitute a misdemeanor.

(Ord. 6147 § 4 (part), 1986: Ord. 4143 § 1 (9.19), 1950)

(Ord. No. 7301, § 3, 5-8-2017)