2009 California Vehicle Code - Section 22650-22711 :: Article 1. Authority To Remove Vehicles

22650.  It is unlawful for any peace officer or any unauthorized
person to remove any unattended vehicle from a highway to a garage or
to any other place, except as provided in this code.
   (a) Those law enforcement and other agencies identified in this
chapter as having the authority to remove vehicles shall also have
the authority to provide hearings in compliance with the provisions
of Section 22852. During these hearings the storing agency shall have
the burden of establishing the authority for, and the validity of,
the removal.
   (b) Nothing in this section shall be deemed to prevent a review or
other action as may be permitted by the laws of this state by a
court of competent jurisdiction.

22651.  A peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2 of the Penal Code, or a regularly
employed and salaried employee, who is engaged in directing traffic
or enforcing parking laws and regulations, of a city, county, or
jurisdiction of a state agency in which a vehicle is located, may
remove a vehicle located within the territorial limits in which the
officer or employee may act, under the following circumstances:
   (a) When a vehicle is left unattended upon a bridge, viaduct, or
causeway or in a tube or tunnel where the vehicle constitutes an
obstruction to traffic.
   (b) When a 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 a vehicle is found upon a highway or public land and a
report has previously been made that the vehicle is stolen or a
complaint has been filed and a warrant thereon is issued charging
that the vehicle was embezzled.
   (d) When a 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 a 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 a vehicle, except highway maintenance or construction
equipment, is stopped, parked, or left standing for more than four
hours upon the right-of-way of a freeway that has full control of
access and no crossings at grade and the driver, if present, cannot
move the vehicle under its own power.
   (g) When the person in charge of a vehicle upon a highway or
public land is, by reason of physical injuries or illness,
incapacitated to an extent so as to be unable to provide for its
custody or removal.
   (h) (1) When an officer arrests a person driving or in control of
a vehicle for an alleged offense and the officer is, by this code or
other law, required or permitted to take, and does take, the person
into custody.
   (2) When an officer serves a notice of an order of suspension or
revocation pursuant to Section 13388 or 13389.
   (i) (1) When a vehicle, other than a rented vehicle, is found upon
a highway or public land, or is removed pursuant to this code, and
it is known that the vehicle has been issued five or more notices of
parking violations to which the owner or person in control of the
vehicle has not responded within 21 calendar days of notice of
citation issuance or citation issuance or 14 calendar days of the
mailing of a notice of delinquent parking violation to the agency
responsible for processing notices of parking violations, or the
registered owner of the vehicle is known to have been issued five or
more notices for failure to pay or failure to appear in court for
traffic violations for which a certificate has not been issued by the
magistrate or clerk of the court hearing the case showing that the
case has been adjudicated or concerning which the registered owner's
record has not been cleared pursuant to Chapter 6 (commencing with
Section 41500) of Division 17, the vehicle may be impounded until
that person furnishes to the impounding law enforcement agency all of
the following:
   (A) Evidence of his or her identity.
   (B) An address within this state at which he or she can be
located.
   (C) Satisfactory evidence that all parking penalties due for the
vehicle and all other vehicles registered to the registered owner of
the impounded vehicle, and all traffic violations of the registered
owner, have been cleared.
   (2) The requirements in subparagraph (C) of paragraph (1) shall be
fully enforced by the impounding law enforcement agency on and after
the time that the Department of Motor Vehicles is able to provide
access to the necessary records.
   (3) A notice of parking violation issued for an unlawfully parked
vehicle shall be accompanied by a warning that repeated violations
may result in the impounding of the vehicle. In lieu of furnishing
satisfactory evidence that the full amount of parking penalties or
bail has been deposited, that person may demand to be taken without
unnecessary delay before a magistrate, for traffic offenses, or a
hearing examiner, for parking offenses, within the county in which
the offenses charged are alleged to have been committed and who has
jurisdiction of the offenses and is nearest or most accessible with
reference to the place where the vehicle is impounded. Evidence of
current registration shall be produced after a vehicle has been
impounded, or, at the discretion of the impounding law enforcement
agency, a notice to appear for violation of subdivision (a) of
Section 4000 shall be issued to that person.
   (4) A vehicle shall be released to the legal owner, as defined in
Section 370, if the legal owner does all of the following:
   (A) Pays the cost of towing and storing the vehicle.
   (B) Submits evidence of payment of fees as provided in Section
9561.
   (C) Completes an affidavit in a form acceptable to the impounding
law enforcement agency stating that the vehicle was not in possession
of the legal owner at the time of occurrence of the offenses
relating to standing or parking. A vehicle released to a legal owner
under this subdivision is a repossessed vehicle for purposes of
disposition or sale. The impounding agency shall have a lien on any
surplus that remains upon sale of the vehicle to which the registered
owner is or may be entitled, as security for the full amount of the
parking penalties for all notices of parking violations issued for
the vehicle and for all local administrative charges imposed pursuant
to Section 22850.5. The legal owner shall promptly remit to, and
deposit with, the agency responsible for processing notices of
parking violations from that surplus, on receipt of that surplus, the
full amount of the parking penalties for all notices of parking
violations issued for the vehicle and for all local administrative
charges imposed pursuant to Section 22850.5.
   (5) The impounding agency that has a lien on the surplus that
remains upon the sale of a vehicle to which a registered owner is
entitled pursuant to paragraph (4) has a deficiency claim against the
registered owner for the full amount of the parking penalties for
all notices of parking violations issued for the vehicle and for all
local administrative charges imposed pursuant to Section 22850.5,
less the amount received from the sale of the vehicle.
   (j) When a 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 impounding law enforcement agency evidence of
his or her identity and an address within this state at which he or
she can be located.
   (k) When a vehicle is parked or left standing upon a highway for
72 or more consecutive hours in violation of a local ordinance
authorizing removal.
   (l) When a vehicle is illegally parked on a highway in violation
of a 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 highway, or for the installation of
underground utilities, and signs giving notice that the vehicle may
be removed are erected or placed at least 24 hours prior to the
removal by a local authority pursuant to the ordinance.
   (m) Wherever the use of the highway, or a portion of the highway,
is authorized by a local authority 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 a vehicle would
prohibit or interfere with that use or movement, and signs giving
notice that the vehicle may be removed are erected or placed at least
24 hours prior to the removal by a local authority pursuant to the
ordinance.
   (n) Whenever a vehicle is parked or left standing where local
authorities, by resolution or ordinance, have prohibited parking and
have authorized the removal of vehicles. A vehicle shall not be
removed unless signs are posted giving notice of the removal.
   (o) (1) When a vehicle is found or operated upon a highway, public
land, or an offstreet parking facility under the following
circumstances:
   (A) With a registration expiration date in excess of six months
before the date it is found or operated on the highway, public lands,
or the offstreet parking facility.
   (B) Displaying in, or upon, the vehicle, a registration card,
identification card, temporary receipt, license plate, special plate,
registration sticker, device issued pursuant to Section 4853, or
permit that was not issued for that vehicle, or is not otherwise
lawfully used on that vehicle under this code.
   (C) Displaying in, or upon, the vehicle, an altered, forged,
counterfeit, or falsified registration card, identification card,
temporary receipt, license plate, special plate, registration
sticker, device issued pursuant to Section 4853, or permit.
   (2) When a vehicle described in paragraph (1) is occupied, only a
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle.
   (3) For the purposes of this subdivision, the vehicle shall be
released to the owner or person in control of the vehicle only after
the owner or person furnishes the storing law enforcement agency with
proof of current registration and a currently valid driver's license
to operate the vehicle.
   (4) As used in this subdivision, "offstreet parking facility"
means an offstreet facility held open for use by the public for
parking vehicles and includes a publicly owned facility for offstreet
parking, and a privately owned facility for offstreet parking if a
fee is not charged for the privilege to park and it is held open for
the common public use of retail customers.
   (p) When the peace officer issues the driver of a vehicle a notice
to appear for a violation of Section 12500, 14601, 14601.1, 14601.2,
14601.3, 14601.4, 14601.5, or 14604 and the vehicle is not impounded
pursuant to Section 22655.5. A vehicle so removed from the highway
or public land, or from private property after having been on a
highway or public land, shall not be released to the registered owner
or his or her agent, except upon presentation of the registered
owner's or his or her agent's currently valid driver's license to
operate the vehicle and proof of current vehicle registration, or
upon order of a court.
   (q) Whenever a vehicle is parked for more than 24 hours on a
portion of highway that is located within the boundaries of a common
interest development, as defined in subdivision (c) of Section 1351
of the Civil Code, and signs, as required by paragraph (1) of
subdivision (a) of Section 22658 of this code, have been posted on
that portion of highway providing notice to drivers that vehicles
parked thereon for more than 24 hours will be removed at the owner's
expense, pursuant to a resolution or ordinance adopted by the local
authority.
   (r) When a vehicle is illegally parked and blocks the movement of
a legally parked vehicle.
   (s) (1) When a vehicle, except highway maintenance or construction
equipment, an authorized emergency vehicle, or a vehicle that is
properly permitted or otherwise authorized by the Department of
Transportation, is stopped, parked, or left standing for more than
eight hours within a roadside rest area or viewpoint.
   (2) Notwithstanding paragraph (1), when a commercial motor
vehicle, as defined in paragraph (1) of subdivision (b) of Section
15210, is stopped, parked, or left standing for more than 10 hours
within a roadside rest area or viewpoint.
   (3) For purposes of this subdivision, a roadside rest area or
viewpoint is a publicly maintained vehicle parking area, adjacent to
a highway, utilized for the convenient, safe stopping of a vehicle to
enable motorists to rest or to view the scenery. If two or more
roadside rest areas are located on opposite sides of the highway, or
upon the center divider, within seven miles of each other, then that
combination of rest areas is considered to be the same rest area.
   (t) When a peace officer issues a notice to appear for a violation
of Section 25279.
   (u) When a peace officer issues a citation for a violation of
Section 11700 and the vehicle is being offered for sale.

22651.05.  (a) A trained volunteer of a state or local law
enforcement agency, who is engaged in directing traffic or enforcing
parking laws and regulations, of a city, county, or jurisdiction of a
state agency in which a vehicle is located, may remove or authorize
the removal of a vehicle located within the territorial limits in
which an officer or employee of that agency may act, under any of the
following circumstances:
   (1) When a vehicle is parked or left standing upon a highway for
72 or more consecutive hours in violation of a local ordinance
authorizing the removal.
   (2) When a vehicle is illegally parked or left standing on a
highway in violation of a 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 highway, or for the
installation of underground utilities, and signs giving notice that
the vehicle may be removed are erected or placed at least 24 hours
prior to the removal by local authorities pursuant to the ordinance.
   (3) Wherever the use of the highway, or a 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 a vehicle would
prohibit or interfere with that use or movement, and signs giving
notice that the vehicle may be removed are erected or placed at least
24 hours prior to the removal by local authorities pursuant to the
ordinance.
   (4) Whenever a vehicle is parked or left standing where local
authorities, by resolution or ordinance, have prohibited parking and
have authorized the removal of vehicles. A vehicle may not be removed
unless signs are posted giving notice of the removal.
   (5) Whenever a vehicle is parked for more than 24 hours on a
portion of highway that is located within the boundaries of a common
interest development, as defined in subdivision (c) of Section 1351
of the Civil Code, and signs, as required by Section 22658.2, have
been posted on that portion of highway providing notice to drivers
that vehicles parked thereon for more than 24 hours will be removed
at the owner's expense, pursuant to a resolution or ordinance adopted
by the local authority.
   (b) The provisions of this chapter that apply to a vehicle removed
pursuant to Section 22651 apply to a vehicle removed pursuant to
subdivision (a).
   (c) For purposes of subdivision (a), a "trained volunteer" is a
person who, of his or her own free will, provides services, without
any financial gain, to a local or state law enforcement agency, and
who is duly trained and certified to remove a vehicle by a local or
state law enforcement agency.

22651.1.  Persons operating or in charge of any storage facility
where vehicles are stored pursuant to Section 22651 shall accept a
valid bank credit card or cash for payment of towing and storage by
the registered owner, legal owner, or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in subdivision
(a) of Section 1747.02 of the Civil Code, except, for the purposes
of this section, credit card does not include a credit card issued by
a retail seller. A person operating or in charge of any storage
facility who refuses to accept a valid bank credit card shall be
liable to the owner of the vehicle or to the person who tendered the
fees for four times the amount of the towing and storage charges, but
not to exceed five hundred dollars ($500). In addition, persons
operating or in charge of the storage facility shall have sufficient
funds on the premises to accommodate and make change in a reasonable
monetary transaction.
   Credit charges for towing and storage services shall comply with
Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when agreeing
with a towing or storage provider on rates.

22651.2.  (a) Any peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
or any regularly employed and salaried employee, who is engaged in
directing traffic or enforcing parking laws and regulations of a
city, county, or jurisdiction of a state agency in which a vehicle is
located, may remove a vehicle located within the territorial limits
in which the officer or employee may act when the vehicle is found
upon a highway or any public lands, and if all of the following
requirements are satisfied:
   (1) Because of the size and placement of signs or placards on the
vehicle, it appears that the primary purpose of parking the vehicle
at that location is to advertise to the public an event or function
on private property or on public property hired for a private event
or function to which the public is invited.
   (2) The vehicle is known to have been previously issued a notice
of parking violation that was accompanied by a notice warning that an
additional parking violation may result in the impoundment of the
vehicle.
   (3) The registered owner of the vehicle has been mailed a notice
advising of the existence of the parking violation and that an
additional violation may result in the impoundment of the vehicle.
   (b) Subdivision (a) does not apply to a vehicle bearing any sign
or placard advertising any business or enterprise carried on by or
through the use of that vehicle.
   (c) Section 22852 applies to the removal of any vehicle pursuant
to this section.

22651.3.  (a) Any peace officer, as that term is defined in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code, or any regularly employed and salaried employee, who is engaged
in directing traffic or enforcing parking laws and regulations, of a
city, county, or jurisdiction of a state agency in which any
vehicle, other than a rented vehicle, is located may remove the
vehicle from an offstreet public parking facility located within the
territorial limits in which the officer or employee may act when the
vehicle is known to have been issued five or more notices of parking
violation over a period of five or more days, to which the owner or
person in control of the vehicle has not responded or when any
vehicle is illegally parked so as to prevent the movement of a
legally parked vehicle.
   A notice of parking violation issued to a vehicle which is
registered in a foreign jurisdiction or is without current California
registration and is known to have been issued five or more notices
of parking violation over a period of five or more days shall be
accompanied by a warning that repeated violations may result in the
impounding of the vehicle.
   (b) The vehicle may be impounded until the owner or person in
control of the vehicle furnishes to the 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 furnishes satisfactory
evidence that bail has been deposited for all notices of parking
violation issued for the vehicle. In lieu of requiring satisfactory
evidence that the bail has been deposited, the impounding law
enforcement agency may, in its discretion, issue a notice to appear
for the offenses charged, as provided in Article 2 (commencing with
Section 40500) of Chapter 2 of Division 17. In lieu of either
furnishing satisfactory evidence that the bail has been deposited or
accepting the notice to appear, the owner or person in control of the
vehicle may demand to be taken without unnecessary delay before a
magistrate within the county in which the offenses charged are
alleged to have been committed and who has jurisdiction of the
offenses and is nearest or most accessible with reference to the
place where the vehicle is impounded.
   (c) Evidence of current registration shall be produced after a
vehicle has been impounded. At the discretion of the impounding law
enforcement agency, a notice to appear for violation of subdivision
(a) of Section 4000 may be issued to the owner or person in control
of the vehicle, if the two days immediately following the day of
impoundment are weekend days or holidays.

22651.4.  (a) A peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, may
impound a vehicle and its cargo pursuant to Section 34517.
   (b) A member of the department may impound a vehicle and its cargo
pursuant to Section 34518.
   (c) A member of the department may store or impound a vehicle upon
determination that the registrant of the vehicle or the driver of
the vehicle has failed to pay registration, regulatory, fuel permit,
or other fees, or has an outstanding warrant in a county in the
state. The impoundment charges are the responsibility of the owner of
the vehicle. The stored or impounded vehicle shall be released upon
payment of those fees or fines or the posting of bail. The driver or
owner of the vehicle may request a hearing to determine the validity
of the seizure.

22651.5.  (a) Any peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
or any regularly employed and salaried employee who is engaged in
directing traffic or enforcing parking laws or regulations, may, upon
the complaint of any person, remove a vehicle parked within 500 feet
of any occupied building of a school, community college, or
university during normal hours of operation, or a vehicle parked
within a residence or business district, from a highway or from
public or private property, if an alarm device or horn has been
activated within the vehicle, whether continuously activated or
intermittently and repeatedly activated, the peace officer or
designated employee is unable to locate the owner of the vehicle
within 20 minutes from the time of arrival at the vehicle's location,
and the alarm device or horn has not been completely silenced prior
to removal.
   (b) Upon removal of a vehicle from a highway or from public or
private property pursuant to this section, the peace officer or
designated employee ordering the removal shall immediately report the
removal and the location to which the vehicle is removed to the
Stolen Vehicle System of the Department of Justice.

22651.6.  A peace officer or employee specified in Section 22651 may
remove a vehicle located within the territorial limits in which the
officer or employee may act when the vehicle was used by a person who
was engaged in a motor vehicle speed contest, as described in
subdivision (a) of Section 23109, and the person was arrested and
taken into custody for that offense by a peace officer.

22651.7.  (a) In addition to, or as an alternative to, removal, a
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, or a regularly employed
and salaried employee who is engaged in directing traffic or
enforcing parking laws and regulations, of a jurisdiction in which a
vehicle is located may immobilize the vehicle with a device designed
and manufactured for the immobilization of vehicles, on a highway or
any public lands located within the territorial limits in which the
officer or employee may act if the vehicle is found upon a highway or
public lands and it is known to have been issued five or more
notices of parking violations that are delinquent because the owner
or person in control of the vehicle has not responded to the agency
responsible for processing notices of parking violation within 21
calendar days of notice of citation issuance or citation issuance or
14 calendar days of the mailing of a notice of delinquent parking
violation, or the registered owner of the vehicle is known to have
been issued five or more notices for failure to pay or failure to
appear in court for traffic violations for which no certificate has
been issued by the magistrate or clerk of the court hearing the case
showing that the case has been adjudicated or concerning which the
registered owner's record has not been cleared pursuant to Chapter 6
(commencing with Section 41500) of Division 17. The vehicle may be
immobilized until that person furnishes to the immobilizing law
enforcement agency all of the following:
   (1) Evidence of his or her identity.
   (2) An address within this state at which he or she can be
located.
   (3) Satisfactory evidence that the full amount of parking
penalties has been deposited for all notices of parking violation
issued for the vehicle and any other vehicle registered to the
registered owner of the immobilized vehicle and that bail has been
deposited for all traffic violations of the registered owner that
have not been cleared. The requirements in this paragraph shall be
fully enforced by the immobilizing law enforcement agency on and
after the time that the Department of Motor Vehicles is able to
provide access to the necessary records. A notice of parking
violation issued to the vehicle shall be accompanied by a warning
that repeated violations may result in the impounding or
immobilization of the vehicle. In lieu of furnishing satisfactory
evidence that the full amount of parking penalties or bail, or both,
have been deposited that person may demand to be taken without
unnecessary delay before a magistrate, for traffic offenses, or a
hearing examiner, for parking offenses, within the county in which
the offenses charged are alleged to have been committed and who has
jurisdiction of the offenses and is nearest or most accessible with
reference to the place where the vehicle is immobilized. Evidence of
current registration shall be produced after a vehicle has been
immobilized or, at the discretion of the immobilizing law enforcement
agency, a notice to appear for violation of subdivision (a) of
Section 4000 shall be issued to that person.
   (b) A person, other than a person authorized under subdivision
(a), shall not immobilize a vehicle.

22651.8.  For purposes of paragraph (1) of subdivision (i) of
Section 22651 and Section 22651.7, "satisfactory evidence" includes,
but is not limited to, a copy of a receipt issued by the department
pursuant to subdivision (a) of Section 4760 for the payment of
notices of parking violations appearing on the department's records
at the time of payment. The processing agency shall, within 72 hours
of receiving that satisfactory evidence, update its records to
reflect the payments made to the department. If the processing agency
does not receive the amount of the parking penalties and
administrative fees from the department within four months of the
date of issuance of that satisfactory evidence, the processing agency
may revise its records to reflect that no payments were received for
the notices of parking violation.

22651.9.  (a) Any peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
or any regularly employed and salaried employee, who is engaged in
directing traffic or enforcing parking laws and regulations, of a
city, county, or city and county in which a vehicle is located, may
remove a vehicle located within the territorial limits in which the
officer or employee may act when the vehicle is found upon a street
or any public lands, if all of the following requirements are
satisfied:
   (1) Because of a sign or placard on the vehicle, it appears that
the primary purpose of parking the vehicle at that location is to
advertise to the public the private sale of that vehicle.
   (2) Within the past 30 days, the vehicle is known to have been
previously issued a notice of parking violation, under local
ordinance, which was accompanied by a notice containing all of the
following:
   (A) A warning that an additional parking violation may result in
the impoundment of the vehicle.
   (B) A warning that the vehicle may be impounded pursuant to this
section, even if moved to another street, so long as the signs or
placards offering the vehicle for sale remain on the vehicle.
   (C) A listing of the streets or public lands subject to the
resolution or ordinance adopted pursuant to paragraph (4), or if all
streets are covered, a statement to that effect.
   (3) The notice of parking violation was issued at least 24 hours
prior to the removal of the vehicle.
   (4) The local authority of the city, county, or city and county
has, by resolution or ordinance, authorized the removal of vehicles
pursuant to this section from the street or public lands on which the
vehicle is located.
   (b) Section 22852 applies to the removal of any vehicle pursuant
to this section.

22652.  (a) A peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, or any
regularly employed and salaried employee engaged in directing traffic
or enforcing parking laws and regulations of a city, county, or
jurisdiction of a state agency may remove any vehicle from a stall or
space designated for physically disabled persons pursuant to Section
22511.7 or 22511.8, located within the jurisdictional limits in
which the officer or employee is authorized to act, if the vehicle is
parked in violation of Section 22507.8 and if the police or sheriff'
s department or the Department of the California Highway Patrol is
notified.
   (b) In a privately or publicly owned or operated offstreet parking
facility, this section applies only to those stalls and spaces if
the posting requirements under subdivisions (a) and (d) of Section
22511.8 have been complied with and if the stalls or spaces are
clearly signed or marked.

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 to Section 22511.8, or any state, city,
or county employee, is not civilly liable for the removal if the
police or sheriff's department in whose jurisdiction the offstreet
parking facility or the stall or space is located or the Department
of the California Highway Patrol has been notified prior to the
removal.

22652.6.  Any peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, or any
regularly employed and salaried employee engaged in directing traffic
or enforcing parking laws and regulations of a city or county, may
remove any vehicle parked or standing on the streets or highways or
from a stall or space of a privately or publicly owned or operated
offstreet parking facility within the jurisdiction of the city or
county when the vehicle is in violation of a local ordinance or
resolution adopted pursuant to Section 22511.57.

22653.  (a) Any peace officer, as that term is defined in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal
Code, other than an employee directing traffic or enforcing parking
laws and regulations, may remove a vehicle from private property
located within the territorial limits in which the officer is
empowered to act, when a report has previously been made that the
vehicle has been stolen or a complaint has been filed and a warrant
thereon issued charging that the vehicle has been embezzled.
   (b) Any peace officer, as that term is defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
may, after a reasonable period of time, remove a vehicle from
private property located within the territorial limits in which the
officer is empowered to act, if the vehicle has been involved in, and
left at the scene of, a traffic accident and no owner is available
to grant permission to remove the vehicle. This subdivision does not
authorize the removal of a vehicle where the owner has been contacted
and has refused to grant permission to remove the vehicle.
   (c) Any peace officer, as that term is defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
may, at the request of the property owner or person in lawful
possession of any private property, remove a vehicle from private
property located within the territorial limits in which the officer
is empowered to act when an officer arrests any person driving or in
control of a vehicle for an alleged offense and the officer is, by
this code or other law, required or authorized to take, and does take
the person arrested before a magistrate without unnecessary delay.

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 nearest 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 is empowered to act, in violation of a traffic ordinance
enacted by local authorities to prevent flooding of adjacent
property, he or she may move the vehicle or require the driver or
person in charge of the vehicle to move it to the nearest available
location in the vicinity where parking is permitted.
   (c) Any state, county, or city authority charged with the
maintenance of any highway may move any vehicle which is disabled or
abandoned or which constitutes an obstruction to traffic from the
place where it is located on a highway to the nearest available
position on the same highway as may be necessary to keep the highway
open or safe for public travel. In addition, employees of the
Department of Transportation may remove any disabled vehicle which
constitutes an obstruction to traffic on a freeway from the place
where it is located to the nearest available location where parking
is permitted; and, if the vehicle is unoccupied, the department shall
comply with the notice requirements of subdivision (d).
   (d) Any state, county, or city authority charged with the
maintenance or operation of any highway, highway facility, or public
works facility, in cases necessitating the prompt performance of any
work on or service to the highway, highway facility, or public works
facility, may move to the nearest available location where parking is
permitted, any unattended vehicle which obstructs or interferes with
the performance of the work or service or may remove and store the
vehicle if moving it off the roadway to a location where parking is
permitted would be impracticable. If the vehicle is moved to another
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 sheriff's 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 moving the vehicle to a
parking location is impractical, the officer may store the vehicle
pursuant to Sections 22850 and 22852 and subdivision (a) or (b) of
Section 22853. If the vehicle so moved or stored was otherwise
lawfully parked, no moving or storage charges shall be assessed
against or collected from the driver or owner.

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 or any regularly employed and salaried employee who is
engaged in directing traffic or enforcing parking statutes and
regulations, has reasonable cause to believe that a motor vehicle on
a highway or on private property open to the general public onto
which the public is explicitly or implicitly invited, located within
the 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 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
expiration of 48 hours after the 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 that is
not open to the general public.

22655.3.  Any peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, pursuing a
fleeing or evading person in a motor vehicle may remove and store, or
cause to be removed and stored, any vehicle used in violation of
Section 2800.1 or 2800.2 from property other than that of the
registered owner of the vehicle for the purposes of investigation,
identification, or apprehension of the driver if the driver of the
vehicle abandons the vehicle and leaves it unattended. All towing and
storage fees for a vehicle removed under this section shall be paid
by the owner, unless the vehicle was stolen or taken without
permission.
   No vehicle shall be impounded under this section if the driver is
arrested before arrival of the towing equipment or if the registered
owner is in the vehicle.
   As used in this section, "remove and store a vehicle" means that
the peace officer may cause the removal of a vehicle to, and storage
of a vehicle in, a private lot where the vehicle may be secured by
the owner of the facility or by the owner's representative.
    This section is not intended to change current statute and case
law governing searches and seizures.

22655.5.  A peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 of the Penal Code, may remove
a motor vehicle from the highway or from public or private property
within the territorial limits in which the officer may act under the
following circumstances:
   (a) When any vehicle is found upon a highway or public or private
property and a peace officer has probable cause to believe that the
vehicle was used as the means of committing a public offense.
   (b) When any vehicle is found upon a highway or public or private
property and a peace officer has probable cause to believe that the
vehicle is itself evidence which tends to show that a crime has been
committed or that the vehicle contains evidence, which cannot readily
be removed, which tends to show that a crime has been committed.
   (c) Notwithstanding Section 3068 of the Civil Code or Section
22851 of this code, no lien shall attach to a vehicle removed under
this section unless the vehicle was used by the alleged perpetrator
of the crime with the express or implied permission of the owner of
the vehicle.
   (d) In any prosecution of the crime for which a vehicle was
impounded pursuant to this section, the prosecutor may request, and
the court may order, the perpetrator of the crime, if convicted, to
pay the costs of towing and storage of the vehicle, and any
administrative charges imposed pursuant to Section 22850.5.
   (e) This section shall become operative on January 1, 1993.

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 the right-of-way of a railroad, street
railway, or light rail line located within the territorial limits in
which the officer is empowered to act if the vehicle is parked or
abandoned upon any track or within 7 1/2 feet of the nearest rail.
The officer may also remove a vehicle that is parked beyond 7 1/2
feet of the nearest rail but within the right-of-way of a railroad,
street railway, or light rail if signs are posted giving notice that
vehicles may be removed.

22658.  (a) The owner or person in lawful possession of private
property, including an association of a common interest development
as defined in Section 1351 of the Civil Code, may cause the removal
of a vehicle parked on the property to a storage facility that meets
the requirements of subdivision (n) under any of the following
circumstances:
   (1) There is displayed, in plain view at all entrances to the
property, a sign not less than 17 inches by 22 inches in size, with
lettering not less than one inch in height, prohibiting public
parking and indicating that vehicles will be removed at the owner's
expense, and containing the telephone number of the local traffic law
enforcement agency and the name and telephone number of each towing
company that is a party to a written general towing authorization
agreement with the owner or person in lawful possession of the
property. The sign may also indicate that a citation may also be
issued for the violation.
   (2) The vehicle has been issued a notice of parking violation, and
96 hours have elapsed since the issuance of that notice.
   (3) The vehicle is on private property and lacks an engine,
transmission, wheels, tires, doors, windshield, or any other major
part or equipment necessary to operate safely on the highways, the
owner or person in lawful possession of the private property has
notified the local traffic law enforcement agency, and 24 hours have
elapsed since that notification.
   (4) The lot or parcel upon which the vehicle is parked is improved
with a single-family dwelling.
   (b) The tow truck operator removing the vehicle, if the operator
knows or is able to ascertain from the property owner, person in
lawful possession of the property, or the registration records of the
Department of Motor Vehicles the name and address of the registered
and legal owner of the vehicle, shall 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 storage facility, a copy of the notice shall be given to the
proprietor of the storage facility. The notice provided for in this
section shall include the amount of mileage on the vehicle at the
time of removal and the time of the removal from the property. If the
tow truck operator 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 provided in this section, the tow truck
operator shall comply with the requirements of subdivision (c) of
Section 22853 relating to notice in the same manner as applicable to
an officer removing a vehicle from private property.
   (c) This section does not limit or affect any right or remedy that
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 a person causing
the removal of, or removing, the vehicle.
   (e) (1) An owner or person in lawful possession of private
property, or an association of a common interest development, causing
the removal of a vehicle parked on that property is liable for
double the storage or towing charges whenever there has been a
failure to comply with paragraph (1), (2), or (3) of subdivision (a)
or to state the grounds for the removal of the vehicle if requested
by the legal or registered owner of the vehicle as required by
subdivision (f).
   (2) A property owner or owner's agent or lessee who causes the
removal of a vehicle parked on that property pursuant to the
exemption set forth in subparagraph (A) of paragraph (1) of
subdivision (l) and fails to comply with that subdivision is guilty
of an infraction, punishable by a fine of one thousand dollars
($1,000).
   (f) An owner or person in lawful possession of private property,
or an association of a common interest development, causing the
removal of a vehicle parked on that property shall notify by
telephone or, if impractical, by the most expeditious means
available, the local traffic law enforcement agency within one hour
after authorizing the tow. An owner or person in lawful possession of
private property, an association of a common interest development,
causing the removal of a vehicle parked on that property, or the tow
truck operator who removes the vehicle, shall state the grounds for
the removal of the vehicle if requested by the legal or registered
owner of that vehicle. A towing company that removes a vehicle from
private property in compliance with subdivision (l) is not
responsible in a situation relating to the validity of the removal. A
towing company that removes the vehicle under this section shall be
responsible for the following:
   (1) Damage to the vehicle in the transit and subsequent storage of
the vehicle.
   (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) (1) (A) Possession of a vehicle under this section shall be
deemed to arise when a vehicle is removed from private property and
is in transit.
   (B) Upon the request of the owner of the vehicle or that owner's
agent, the towing company or its driver shall immediately and
unconditionally release a vehicle that is not yet removed from the
private property and in transit.
   (C) A person failing to comply with subparagraph (B) is guilty of
a misdemeanor.
   (2) If a vehicle is released to a person in compliance with
subparagraph (B) of paragraph (1), the vehicle owner or authorized
agent shall immediately move that vehicle to a lawful location.
   (h) A towing company may impose a charge of not more than one-half
of the regular towing charge for the towing of a vehicle at the
request of the owner, the owner's agent, or the person in lawful
possession of the private property pursuant to this section if the
owner of the vehicle or the vehicle owner's agent returns to the
vehicle after the vehicle is coupled to the tow truck by means of a
regular hitch, coupling device, drawbar, portable dolly, or is lifted
off the ground by means of a conventional trailer, and before it is
removed from the private property. The regular towing charge may only
be imposed after the vehicle has been removed from the property and
is in transit.
   (i) (1) (A) A charge for towing or storage, or both, of a vehicle
under this section is excessive if the charge exceeds the greater of
the following:
   (i) That which would have been charged for that towing or storage,
or both, made at the request of a law enforcement agency under an
agreement between a towing company and the law enforcement agency
that exercises primary jurisdiction in the city in which is located
the private property from which the vehicle was, or was attempted to
be, removed, or if the private property is not located within a city,
then the law enforcement agency that exercises primary jurisdiction
in the county in which the private property is located.
   (ii) That which would have been charged for that towing or
storage, or both, under the rate approved for that towing operator by
the California Highway Patrol for the jurisdiction in which the
private property is located and from which the vehicle was, or was
attempted to be, removed.
   (B) A towing operator shall make available for inspection and
copying his or her rate approved by the California Highway Patrol, if
any, within 24 hours of a request without a warrant to law
enforcement, the Attorney General, district attorney, or city
attorney.
   (2) If a vehicle is released within 24 hours from the time the
vehicle is brought into the storage facility, regardless of the
calendar date, the storage charge shall be for only one day. Not more
than one day's storage charge may be required for a vehicle released
the same day that it is stored.
   (3) If a request to release a vehicle is made and the appropriate
fees are tendered and documentation establishing that the person
requesting release is entitled to possession of the vehicle, or is
the owner's insurance representative, is presented within the initial
24 hours of storage, and the storage facility fails to comply with
the request to release the vehicle or is not open for business during
normal business hours, then only one day's storage charge may be
required to be paid until after the first business day. A business
day is any day in which the lienholder is open for business to the
public for at least eight hours. If a request is made more than 24
hours after the vehicle is placed in storage, charges may be imposed
on a full calendar day basis for each day, or part thereof, that the
vehicle is in storage.
   (j) (1) A person who charges a vehicle owner a towing, service, or
storage charge at an excessive rate, as described in subdivision (h)
or (i), is civilly liable to the vehicle owner for four times the
amount charged.
   (2) A person who knowingly charges a vehicle owner a towing,
service, or storage charge at an excessive rate, as described in
subdivision (h) or (i), or who fails to make available his or her
rate as required in subparagraph (B) of paragraph (1) of subdivision
(i), is guilty of a misdemeanor, punishable by a fine of not more
than two thousand five hundred dollars ($2,500), or by imprisonment
in the county jail for not more than three months, or by both that
fine and imprisonment.
   (k) (1) A person operating or in charge of a storage facility
where vehicles are stored pursuant to this section shall accept a
valid bank credit card or cash for payment of towing and storage by a
registered owner, the legal owner, or the owner's agent claiming the
vehicle. A credit card shall be in the name of the person presenting
the card. "Credit card" means "credit card" as defined in
subdivision (a) of Section 1747.02 of the Civil Code, except, for the
purposes of this section, credit card does not include a credit card
issued by a retail seller.
   (2) A person described in paragraph (1) shall conspicuously
display, in that portion of the storage facility office where
business is conducted with the public, a notice advising that all
valid credit cards and cash are acceptable means of payment.
   (3) A person operating or in charge of a storage facility who
refuses to accept a valid credit card or who fails to post the
required notice under paragraph (2) is guilty of a misdemeanor,
punishable by a fine of not more than two thousand five hundred
dollars ($2,500), or by imprisonment in the county jail for not more
than three months, or by both that fine and imprisonment.
   (4) A person described in paragraph (1) who violates paragraph (1)
or (2) is civilly liable to the registered owner of the vehicle or
the person who tendered the fees for four times the amount of the
towing and storage charges.
   (5) A person operating or in charge of the storage facility shall
have sufficient moneys on the premises of the primary storage
facility during normal business hours to accommodate, and make change
in, a reasonable monetary transaction.
   (6) Credit charges for towing and storage services shall comply
with Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when making
agreements with towing companies as described in subdivision (i).
   (l) (1) (A) A towing company shall not remove or commence the
removal of a vehicle from private property without first obtaining
the written authorization from the property owner or lessee,
including an association of a common interest development, or an
employee or agent thereof, who shall be present at the time of
removal and verify the alleged violation, except that presence and
verification is not required if the person authorizing the tow is the
property owner, or the owner's agent who is not a tow operator, of a
residential rental property of 15 or fewer units that does not have
an onsite owner, owner's agent or employee, and the tenant has
verified the violation, requested the tow from that tenant's assigned
parking space, and provided a signed request or electronic mail, or
has called and provides a signed request or electronic mail within 24
hours, to the property owner or owner's agent, which the owner or
agent shall provide to the towing company within 48 hours of
authorizing the tow. The signed request or electronic mail shall
contain the name and address of the tenant, and the date and time the
tenant requested the tow. A towing company shall obtain, within 48
hours of receiving the written authorization to tow, a copy of a
tenant request required pursuant to this subparagraph. For the
purpose of this subparagraph, a person providing the written
authorization who is required to be present on the private property
at the time of the tow does not have to be physically present at the
specified location of where the vehicle to be removed is located on
the private property.
   (B) The written authorization under subparagraph (A) shall include
all of the following:
   (i) The make, model, vehicle identification number, and license
plate number of the removed vehicle.
   (ii) The name, signature, job title, residential or business
address and working telephone number of the person, described in
subparagraph (A), authorizing the removal of the vehicle.
   (iii) The grounds for the removal of the vehicle.
   (iv) The time when the vehicle was first observed parked at the
private property.
   (v) The time that authorization to tow the vehicle was given.
   (C) (i) When the vehicle owner or his or her agent claims the
vehicle, the towing company prior to payment of a towing or storage
charge shall provide a photocopy of the written authorization to the
vehicle owner or the agent.
   (ii) If the vehicle was towed from a residential property, the
towing company shall redact the information specified in clause (ii)
of subparagraph (B) in the photocopy of the written authorization
provided to the vehicle owner or the agent pursuant to clause (i).
   (iii) The towing company shall also provide to the vehicle owner
or the agent a separate notice that provides the telephone number of
the appropriate local law enforcement or prosecuting agency by
stating "If you believe that you have been wrongfully towed, please
contact the local law enforcement or prosecuting agency at [insert
appropriate telephone number]." The notice shall be in English and in
the most populous language, other than English, that is spoken in
the jurisdiction.
   (D) A towing company shall not remove or commence the removal of a
vehicle from private property described in subdivision (a) of
Section 22953 unless the towing company has made a good faith inquiry
to determine that the owner or the property owner's agent complied
with Section 22953.
   (E) (i) General authorization to remove or commence removal of a
vehicle at the towing company's discretion shall not be delegated to
a towing company or its affiliates except in the case of a vehicle
unlawfully parked within 15 feet of a fire hydrant or in a fire lane,
or in a manner which interferes with an entrance to, or exit from,
the private property.
   (ii) In those cases in which general authorization is granted to a
towing company or its affiliate to undertake the removal or commence
the removal of a vehicle that is unlawfully parked within 15 feet of
a fire hydrant or in a fire lane, or that interferes with an
entrance to, or exit from, private property, the towing company and
the property owner, or owner's agent, or person in lawful possession
of the private property shall have a written agreement granting that
general authorization.
   (2) If a towing company removes a vehicle under a general
authorization described in subparagraph (E) of paragraph (1) and that
vehicle is unlawfully parked within 15 feet of a fire hydrant or in
a fire lane, or in a manner that interferes with an entrance to, or
exit from, the private property, the towing company shall take, prior
to the removal of that vehicle, a photograph of the vehicle that
clearly indicates that parking violation. Prior to accepting payment,
the towing company shall keep one copy of the photograph taken
pursuant to this paragraph, and shall present that photograph and
provide, without charge, a photocopy to the owner or an agent of the
owner, when that person claims the vehicle.
   (3) A towing company shall maintain the original written
authorization, or the general authorization described in subparagraph
(E) of paragraph (1) and the photograph of the violation, required
pursuant to this section, and any written requests from a tenant to
the property owner or owner's agent required by subparagraph (A) of
paragraph (1), for a period of three years and shall make them
available for inspection and copying within 24 hours of a request
without a warrant to law enforcement, the Attorney General, district
attorney, or city attorney.
   (4) A person who violates this subdivision is guilty of a
misdemeanor, punishable by a fine of not more than two thousand five
hundred dollars ($2,500), or by imprisonment in the county jail for
not more than three months, or by both that fine and imprisonment.
   (5) A person who violates this subdivision is civilly liable to
the owner of the vehicle or his or her agent for four times the
amount of the towing and storage charges.
   (m) (1) A towing company that removes a vehicle from private
property under this section shall notify the local law enforcement
agency of that tow after the vehicle is removed from the private
property and is in transit.
   (2) A towing company is guilty of a misdemeanor if the towing
company fails to provide the notification required under paragraph
(1) within 60 minutes after the vehicle is removed from the private
property and is in transit or 15 minutes after arriving at the
storage facility, whichever time is less.
   (3) A towing company that does not provide the notification under
paragraph (1) within 30 minutes after the vehicle is removed from the
private property and is in transit is civilly liable to the
registered owner of the vehicle, or the person who tenders the fees,
for three times the amount of the towing and storage charges.
   (4) If notification is impracticable, the times for notification,
as required pursuant to paragraphs (2) and (3), shall be tolled for
the time period that notification is impracticable. This paragraph is
an affirmative defense.
   (n) A vehicle removed from private property pursuant to this
section shall be stored in a facility that meets all of the following
requirements:
   (1) (A) Is located within a 10-mile radius of the property from
where the vehicle was removed.
   (B) The 10-mile radius requirement of subparagraph (A) does not
apply if a towing company has prior general written approval from the
law enforcement agency that exercises primary jurisdiction in the
city in which is located the private property from which the vehicle
was removed, or if the private property is not located within a city,
then the law enforcement agency that exercises primary jurisdiction
in the county in which is located the private property.
   (2) (A) Remains open during normal business hours and releases
vehicles after normal business hours.
   (B) A gate fee may be charged for releasing a vehicle after normal
business hours, weekends, and state holidays. However, the maximum
hourly charge for releasing a vehicle after normal business hours
shall be one-half of the hourly tow rate charged for initially towing
the vehicle, or less.
   (C) Notwithstanding any other provision of law and for purposes of
this paragraph, "normal business hours" are Monday to Friday,
inclusive, from 8 a.m. to 5 p.m., inclusive, except state holidays.
   (3) Has a public pay telephone in the office area that is open and
accessible to the public.
   (o) (1) It is the intent of the Legislature in the adoption of
subdivision (k) to assist vehicle owners or their agents by, among
other things, allowing payment by credit cards for towing and storage
services, thereby expediting the recovery of towed vehicles and
concurrently promoting the safety and welfare of the public.
   (2) It is the intent of the Legislature in the adoption of
subdivision (l) to further the safety of the general public by
ensuring that a private property owner or lessee has provided his or
her authorization for the removal of a vehicle from his or her
property, thereby promoting the safety of those persons involved in
ordering the removal of the vehicle as well as those persons
removing, towing, and storing the vehicle.
   (3) It is the intent of the Legislature in the adoption of
subdivision (g) to promote the safety of the general public by
requiring towing companies to unconditionally release a vehicle that
is not lawfully in their possession, thereby avoiding the likelihood
of dangerous and violent confrontation and physical injury to vehicle
owners and towing operators, the stranding of vehicle owners and
their passengers at a dangerous time and location, and impeding
expedited vehicle recovery, without wasting law enforcement's limited
resources.
   (p) The remedies, sanctions, restrictions, and procedures provided
in this section are not exclusive and are in addition to other
remedies, sanctions, restrictions, or procedures that may be provided
in other provisions of law, including, but not limited to, those
that are provided in Sections 12110 and 34660.
   (q) A vehicle removed and stored pursuant to this section shall be
released by the law enforcement agency, impounding agency, or person
in possession of the vehicle, or any person acting on behalf of
them, to the legal owner or the legal owner's agent upon presentation
of the assignment, as defined in subdivision (b) of Section 7500.1
of the Business and Professions Code; a release from the one
responsible governmental agency, only if required by the agency; a
government-issued photographic identification card; and any one of
the following as determined by the legal owner or the legal owner's
agent: a certificate of repossession for the vehicle, a security
agreement for the vehicle, or title, whether paper or electronic,
showing proof of legal ownership for the vehicle. Any documents
presented may be originals, photocopies, or facsimile copies, or may
be transmitted electronically. The storage facility shall not require
any documents to be notarized. The storage facility may require the
agent of the legal owner to produce a photocopy or facsimile copy of
its repossession agency license or registration issued pursuant to
Chapter 11 (commencing with Section 7500) of Division 3 of the
Business and Professions Code, or to demonstrate, to the satisfaction
of the storage facility, that the agent is exempt from licensure
pursuant to Section 7500.2 or 7500.3 of the Business and Professions
Code.

22658.1.  (a) Any towing company that, in removing a vehicle, cuts,
removes, otherwise damages, or leaves open a fence without the prior
approval of the property owner or the person in charge of the
property shall then and there do either of the following:
   (1) Locate and notify the owner or person in charge of the
property of the damage or open condition of the fence, the name and
address of the towing company, and the license, registration, or
identification number of the vehicle being removed.
   (2) Leave in a conspicuous place on the property the name and
address of the towing company, and the license, registration, or
identification number of the vehicle being removed, and shall without
unnecessary delay, notify the police department of the city in which
the property is located, or if the property is located in
unincorporated territory, either the sheriff or the local
headquarters of the Department of the California Highway Patrol, of
that information and the location of the damaged or opened fence.
   (b) Any person failing to comply with all the requirements of this
section is guilty of an infraction.

22659.  Any peace officer of the Department of the California
Highway Patrol or any person duly authorized by the state agency in
possession of property owned by the state, or rented or leased from
others by the state and any peace officer of the Department of the
California Highway Patrol providing policing services to property of
a district agricultural association may, subsequent to giving notice
to the city police or county sheriff, whichever is appropriate, cause
the removal of a vehicle from the 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 the 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 the
property are by reason of physical injuries or illness incapacitated
to that extent as to be unable to provide for its custody or removal.
   The person causing removal of the vehicle shall comply with the
requirements of Sections 22852 and 22853 relating to notice.

22659.5.  Notwithstanding any other provision of law, a city or a
county may adopt an ordinance declaring a motor vehicle to be a
public nuisance subject to seizure and an impoundment period of up to
30 days when the motor vehicle is used in the commission or
attempted commission of an act that violates Section 266h or 266i of,
subdivision (h) of Section 374.3 of, or subdivision (b) of Section
647 of, the Penal Code, if the owner or operator of the vehicle has
had a prior conviction for the same offense within the past three
years. An ordinance adopted pursuant to this section may incorporate
any combination or all of these offenses. The vehicle may only be
impounded pursuant to a valid arrest of the driver for a violation of
one of these provisions. An ordinance adopted pursuant to this
section shall, at a minimum, contain all of the following provisions:
   (a) Within two working days after impoundment, the impounding
agency shall send a notice by certified mail, return receipt
requested, to the legal owner of the vehicle, at the address obtained
from the department, informing the owner that the vehicle has been
impounded. The notice shall also include notice of the opportunity
for a poststorage hearing to determine the validity of the storage or
to determine mitigating circumstances establishing that the vehicle
should be released. The impounding agency shall be prohibited from
charging for more than five days' storage if it fails to notify the
legal owner within two working days after the impoundment when the
legal owner redeems the impounded vehicle. The impounding agency
shall maintain a published telephone number that provides information
24 hours a day regarding the impoundment of vehicles and the rights
of a legal owner and a registered owner to request a hearing. The
notice shall include all of 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, that shall include, if available, the model or make, the
manufacturer, the license plate number, and the mileage.
   (3) The authority and purpose for the removal of the vehicle.
   (4) A statement that, in order to receive a poststorage hearing,
the owners, or their agents, shall request the hearing in person,
writing, or by telephone within 10 days of the date appearing on the
notice.
   (b) The poststorage hearing shall be conducted within 48 hours of
the request, excluding weekends and holidays. The public agency may
authorize one of its own officers or employees to conduct the hearing
if that hearing officer is not the same person who directed the
seizure of the vehicle.
   (c) Failure of the legal and the registered owners, or their
agents, to request or to attend a scheduled hearing shall satisfy the
poststorage hearing requirement.
   (d) 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 poststorage hearing that reasonable grounds for
the storage are not established.
   (e) Any period during which a vehicle is subjected to storage
under an ordinance adopted pursuant to this section shall be included
as part of the period of impoundment.
   (f) The impounding agency shall release the vehicle to the
registered owner or his or her agent prior to the end of the
impoundment period under any of the following circumstances:
   (1) The driver of the impounded vehicle was arrested without
probable cause.
   (2) The vehicle is a stolen vehicle.
   (3) The vehicle is subject to bailment and was driven by an
unlicensed employee of a business establishment, including a parking
service or repair garage.
   (4) The driver of the vehicle is not the sole registered owner of
the vehicle and the vehicle is being released to another registered
owner of the vehicle who agrees not to allow the driver to use the
vehicle until after the end of the impoundment period.
   (5) The registered owner of the vehicle was neither the driver nor
a passenger of the vehicle at the time of the alleged violation, or
was unaware that the driver was using the vehicle to engage in
activities subject to Section 266h or 266i of, or subdivision (b) of
Section 647 of, the Penal Code.
   (6) A spouse, registered domestic partner, or other affected third
party objects to the impoundment of the vehicle on the grounds that
it would create a hardship if the subject vehicle is the sole vehicle
in a household. The hearing officer shall release the vehicle where
the hardship to a spouse, registered domestic partner, or other
affected third party created by the impoundment of the subject
vehicle, or the length of the impoundment, outweigh the seriousness
and the severity of the act in which the vehicle was used.
   (g) Notwithstanding any provision of law, if a motor vehicle is
released prior to the conclusion of the impoundment period because
the driver was arrested without probable cause, neither the arrested
person nor the registered owner of the motor vehicle shall be
responsible for the towing and storage charges.
   (h) Except as provided in subdivision (g), the registered owner or
his or her agent shall be responsible for all towing and storage
charges related to the impoundment.
   (i) A vehicle removed and seized under an ordinance adopted
pursuant to this section shall be released to the legal owner of the
vehicle or the legal owner's agent prior to the end of the
impoundment period if both of the following conditions are met:
   (1) The legal owner is a motor vehicle dealer, bank, credit union,
acceptance corporation, or other licensed financial institution
legally operating in this state, or is another person who is not the
registered owner and holds a security interest in the vehicle.
   (2) The legal owner or the legal owner's agent pays all towing and
storage fees related to the seizure and impoundment of the vehicle.
   (j) (1) No lien sale processing fees shall be charged to the legal
owner who redeems the vehicle prior to the 15th day of the
impoundment period. Neither the impounding authority nor any person
having possession of the vehicle shall collect from the legal owner
as described in paragraph (1) of subdivision (i), or the legal owner'
s agent, any administrative charges imposed pursuant to Section
22850.5, unless the legal owner voluntarily requested a poststorage
hearing.
   (2) A person operating or in charge of a storage facility where
vehicles are stored pursuant to this section shall accept a valid
bank credit card or cash for payment of towing, storage, and related
fees by a legal or registered owner or the owner's agent claiming the
vehicle. A credit card or debit card shall be in the name of the
person presenting the card. For purposes of this section, "credit
card" is as defined in subdivision (a) of Section 1747.02 of the
Civil Code. Credit card does not include a credit card issued by a
retail seller.
   (3) A person operating or in charge of a storage facility
described in paragraph (2) who violates paragraph (2) shall be
civilly liable to the owner of the vehicle or the person who tendered
the fees for four times the amount of the towing, storage, and
related fees not to exceed five hundred dollars ($500).
   (4) A person operating or in charge of the storage facility
described in paragraph (2) shall have sufficient funds on the
premises of the primary storage facility during normal business hours
to accommodate, and make change for, a reasonable monetary
transaction.
   (5) Credit charges for towing and storage services shall comply
with Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when making
agreements with towing companies on rates.
   (6) A failure by a storage facility to comply with any applicable
conditions set forth in this subdivision shall not affect the right
of the legal owner or the legal owner's agent to retrieve the vehicle
if all conditions required of the legal owner or legal owner's agent
under this subdivision are satisfied.
   (k) (1) The legal owner or the legal owner's agent shall present
to the law enforcement agency, impounding agency, person in
possession of the vehicle, or any person acting on behalf of those
agencies, a copy of the assignment, as defined in subdivision (b) of
Section 7500.1 of the Business and Professions Code, a release from
the one responsible governmental agency, only if required by the
agency, a government-issued photographic identification card, and any
one of the following as determined by the legal owner or the legal
owner's agent: a certificate of repossession for the vehicle, a
security agreement for the vehicle, or title, whether or not
paperless or electronic, showing proof of legal ownership for the
vehicle. Any documents presented may be originals, photocopies, or
facsimile copies, or may be transmitted electronically. The law
enforcement agency, impounding agency, or other governmental agency,
or any person acting on behalf of those agencies, shall not require
any documents to be notarized. The law enforcement agency, impounding
agency, or any person acting on behalf of those agencies may require
the agent of the legal owner to produce a photocopy or facsimile
copy of its repossession agency license or registration issued
pursuant to Chapter 11 (commencing with Section 7500) of Division 3
of the Business and Professions Code, or to demonstrate, to the
satisfaction of the law enforcement agency, impounding agency, or any
person acting on behalf of those agencies that the agent is exempt
from licensure pursuant to Section 7500.2 or 7500.3 of the Business
and Professions Code.
   (2) Administrative costs authorized under subdivision (a) of
Section 22850.5 shall not be charged to the legal owner of the type
specified in paragraph (1) of subdivision (i) who redeems the vehicle
unless the legal owner voluntarily requests a poststorage hearing. A
city, county, city and county, or state agency shall not require a
legal owner or a legal owner's agent to request a poststorage hearing
as a requirement for release of the vehicle to the legal owner or
the legal owner's agent. The law enforcement agency, impounding
agency, or other governmental agency, or any person acting on behalf
of those agencies, shall not require any documents other than those
specified in this paragraph. The legal owner or the legal owner's
agent shall be given a copy of any documents he or she is required to
sign, except for a vehicle evidentiary hold log book. The law
enforcement agency, impounding agency, or any person acting on behalf
of those agencies, or any person in possession of the vehicle, may
photocopy and retain the copies of any documents presented by the
legal owner or legal owner's agent. The legal owner shall indemnify
and hold harmless a storage facility from any claims arising out of
the release of the vehicle to the legal owner or the legal owner's
agent and from any damage to the vehicle after its release, including
the reasonable costs associated with defending any such claims.
   (l) A legal owner, who meets the requirements for release of a
vehicle pursuant to subdivision (i), or the legal owner's agent,
shall not be required to request a poststorage hearing as a
requirement for release of the vehicle to the legal owner or the
legal owner's agent.
   (m) (1) A legal owner, who meets the requirements for release of a
vehicle pursuant to subdivision (i), or the legal owner's agent,
shall not release the vehicle to the registered owner of the vehicle
or an agent of the registered owner, unless the registered owner is a
rental car agency, until after the termination of the impoundment
period.
   (2) Prior to relinquishing the vehicle, the legal owner may
require the registered owner to pay all towing and storage charges
related to the seizure and impoundment.
   (n) (1) A vehicle removed and seized pursuant to an ordinance
adopted pursuant to this section shall be released to a rental car
agency prior to the end of the impoundment period if the agency is
either the legal owner or registered owner of the vehicle and the
agency pays all towing and storage fees related to the seizure and
impoundment of the vehicle.
   (2) The owner of a rental vehicle that was seized under an
ordinance adopted pursuant to this section may continue to rent the
vehicle upon recovery of the vehicle. However, the rental car agency
shall not rent another vehicle to the driver of the vehicle that was
seized until the impoundment period has expired.
   (3) The rental car agency may require the person to whom the
vehicle was rented to pay all towing and storage charges related to
the seizure and impoundment.

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, and for the recovery, pursuant to Section
25845 or 38773.5 of the Government Code, or assumption by the local
authority, of costs of administration and the removal.

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, but not limited to, the
registration card, certificates of ownership, or license plates.
   (b) Making the ordinance inapplicable to (1) a vehicle or part
thereof that 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 vehicle or part thereof that 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 public
nuisance 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 a vehicle or part thereof
that 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 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 or she
may appear in person at a hearing or may submit a sworn written
statement denying responsibility for the presence of the vehicle on
the land, with his or her 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 to the last registered and
legal owners of record unless the vehicle is in such condition 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
the 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 or her land within that time period, this statement
shall be construed as a request for hearing that does not require the
presence of the owner submitting the request. If the request is not
received within that 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
that 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) A provision 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 or her reasons for the 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 or she has not
subsequently acquiesced to 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 those costs from the owner.

22662.  Vehicles or parts thereof may be disposed of by removal to a
scrapyard, 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 disposition of
such vehicles or parts, or the local agency may transfer such vehicle
or parts to another, provided such disposal shall be only as scrap.

22663.  Any ordinance adopted pursuant to Section 22660 shall
provide for administration of the ordinance by regularly salaried
full-time employees of the city, county, or city and county, except
that the removal of vehicles or parts thereof from property may be by
any other duly authorized person. Any such authorized person may
enter upon private property for the 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 the removal of a
vehicle or part thereof declared to be a nuisance pursuant to the
ordinance.

22664.  Any licensed dismantler or commercial enterprise acquiring
vehicles removed pursuant to such ordinance shall be excused from the
reporting requirements of Section 11520; and any fees and penalties
which would otherwise be due the Department of Motor Vehicles are
hereby waived, provided that a copy of the resolution or order
authorizing disposition of the vehicle is retained in the dismantler'
s or commercial enterprise's business records.

22665.  Notwithstanding Section 22710 or any other provision of law,
the department may, at the request of a local authority, other than
a service authority, administer on behalf of the authority its
abandoned vehicle abatement and removal program established pursuant
to Section 22660.

22666.  Whenever the department is administering a program pursuant
to Section 22665, it shall by regulation establish procedures for the
abatement and removal of vehicles that are identical to the
requirements specified in Section 22661, except that the department
shall provide by agreement with the requesting local authority for
the conduct of a public hearing pursuant to subdivision (d) of
Section 22661 by the local authority and for the reimbursement of the
department for its costs of administration and removal which the
local authority is authorized to recover from the property owner
pursuant to Section 22660. Such regulations shall also provide for
the administration of the regulations by regularly salaried,
full-time personnel of the department, except that the removal of
vehicles or parts thereof from property may be done by any other duly
authorized person. Any such person may enter upon private property
for the purposes 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 removal of a vehicle or part thereof declared
to be a nuisance pursuant to the regulations.
   The provisions of Sections 22662 and 22664 shall also apply to any
vehicle removed by the department.

22667.  In establishing procedures for the abatement and removal of
abandoned vehicles, the department shall give priority to the removal
of abandoned vehicles from corridors of the state highway system,
from public lands and parks, and from river and wildlife areas.

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 to Section 22710.

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 the vehicle is located that the 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 sheriff's 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 Highway Patrol located nearest to the
vehicle.
   (d) Motor vehicles which are parked, resting, or otherwise
immobilized on any highway or public right-of-way and which lack an
engine, transmission, wheels, tires, doors, windshield, or any other
part or equipment necessary to operate safely on the highways of this
state, are hereby declared a hazard to public health, safety, and
welfare and may be removed immediately upon discovery by a peace
officer or other designated employee of the state, county, or city.

22670.  (a) 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 five
hundred dollars ($500) or less, over five hundred dollars ($500) but
four thousand dollars ($4,000) or less, or over four thousand dollars
($4,000).
   (b) If the public agency fails or refuses to put a value on, or to
estimate the value of, the vehicle within three 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 five hundred dollars ($500) or less,
over five hundred dollars ($500) but four thousand dollars ($4,000)
or less, or over four thousand dollars ($4,000).

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.

22710.  (a) A service authority for the abatement of abandoned
vehicles may be established, and a one dollar ($1) vehicle
registration fee imposed, in a county if the board of supervisors of
the county, by a two-thirds vote, and a majority of the cities having
a majority of the incorporated population within the county have
adopted resolutions providing for the establishment of the authority
and imposition of the fee. The membership of the authority shall be
determined by concurrence of the board of supervisors and a majority
vote of the majority of the cities within the county having a
majority of the incorporated population.
   (b) The authority may contract and may undertake any act
convenient or necessary to carry out a law relating to the authority.
The authority shall be staffed by existing personnel of the city,
county, or county transportation commission.
   (c) (1) Notwithstanding any other provision of law, a service
authority may adopt an ordinance establishing procedures for the
abatement, removal, and disposal, as a public nuisance, of an
abandoned, wrecked, dismantled, or inoperative vehicle or part of the
vehicle from private or public property; and for the recovery,
pursuant to Section 25845 or 38773.5 of the Government Code, or
assumption by the service authority, of costs associated with the
enforcement of the ordinance. Cost recovery shall only be undertaken
by an entity that may be a county or city or the department, pursuant
to contract with the service authority as provided in this section.
   (2) (A) The money received by an authority pursuant to Section
9250.7 and this section shall be used only for the abatement,
removal, or the disposal as a public nuisance of any abandoned,
wrecked, dismantled, or inoperative vehicle or part of the vehicle
from private or public property. The money received shall not be used
to offset the costs of vehicles towed under authorities other than
an ordinance adopted pursuant to paragraph (1) or when costs are
recovered under Section 22850.5.
   (B) The money received by a service authority pursuant to Section
9250.7 and this section that are unexpended in a fiscal year may be
carried forward by the service authority for the abandoned vehicle
abatement program in the following fiscal year as agreed upon by the
service authority and its member agencies.
   (d) (1) An abandoned vehicle abatement program and plan of a
service authority shall be implemented only with the approval of the
county and a majority of the cities having a majority of the
incorporated population.
   (2) (A) The department shall provide guidelines for an abandoned
vehicle abatement program. An authority's abandoned vehicle abatement
plan and program shall be consistent with those guidelines, and
shall provide for, but not be limited to, an estimate of the number
of abandoned vehicles, a disposal and enforcement strategy including
contractual agreements, and appropriate fiscal controls.
   (B) The department's guidelines provided pursuant to this
paragraph shall include, but not be limited to, requiring each
service authority receiving funds from the Abandoned Vehicle Trust
Fund to report to the Controller on an annual basis pursuant to
subdivision (c) of Section 9250.7, in a manner prescribed by the
department, and pursuant to an approved abandoned vehicle abatement
program.
   (C) A service authority may carry out an abandoned vehicle
abatement from a public property after providing a notice as
specified by the local ordinance adopted pursuant to Section 22660 of
the jurisdiction in which the abandoned vehicle is located and that
notice has expired.
   (3) After a plan has been approved pursuant to paragraph (1), the
service authority shall, not later than August 1 of the year in which
the plan was approved, submit it to the department for review, and
the department shall, not later than October 1 of that same year,
either approve the plan as submitted or make recommendations for
revision. After the plan has received the department's approval as
being consistent with the department's guidelines, the service
authority shall submit it to the Controller.
   (4) Except as provided in subdivision (e), the Controller shall
not make an allocation for a fiscal year, commencing on July 1
following the Controller's determination to suspend a service
authority when a service authority has failed to comply with the
provisions set forth in Section 9250.7.
   (5) A governmental agency shall not receive funds from a service
authority for the abatement of abandoned vehicles pursuant to an
approved abandoned vehicle abatement program unless the governmental
agency has submitted an annual report to the service authority
stating the manner in which the funds were expended, and the number
of vehicles abated. The governmental agency shall receive that
percentage of the total funds collected by the service authority that
is equal to its share of the formula calculated pursuant to
paragraph (6).
   (6) Each service authority shall calculate a formula for
apportioning funds to each governmental agency that receives funds
from the service authority and submit that formula to the Controller
with the annual report required pursuant to paragraph (2). The
formula shall apportion 50 percent of the funds received by the
service authority to a governmental agency based on the percentage of
vehicles abated by that governmental agency of the total number of
abandoned vehicles abated by all member agencies, and 50 percent
based on population and geographic area, as determined by the service
authority. When the formula is first submitted to the Controller,
and each time the formula is revised thereafter, the service
authority shall include a detailed explanation of how the service
authority determined the apportionment between per capita abatements
and service area.
   (7) Notwithstanding any other provision of this subdivision, the
Controller may allocate to the service authority in the County of
Humboldt the net amount of the abandoned vehicle abatement funds
received from the fee imposed by that authority, as described in
subdivision (b) of Section 9250.7, for calendar years 2000 and 2001.
   (e) A plan that has been submitted to the Controller pursuant to
subdivision (d) may be revised pursuant to the procedure prescribed
in that subdivision, including compliance with any dates described
therein for submission to the department and the Controller,
respectively, in the year in which the revisions are proposed by the
service authority. Compliance with that procedure shall only be
required if the revisions are substantial.
   (f) For purposes of this section, "abandoned vehicle abatement"
means the removal of a vehicle from public or private property by
towing or any other means after the vehicle has been marked as
abandoned by an official of a governmental agency that is a member of
the service authority.
   (g) A service authority shall cease to exist on the date that all
revenues received by the authority pursuant to this section and
Section 9250.7 have been expended.
   (h) In the event of a conflict with other provisions of law, this
section shall govern the disbursement of money collected pursuant to
this section and from the Abandoned Vehicle Trust Fund for the
implementation of the abandoned vehicle abatement program.

22711.  Notwithstanding any other provision of law, the California
Highway Patrol, any city, county, or city and county which has an
abandoned vehicle abatement program, and any service authority
established under Section 22710, upon satisfying all applicable
reporting requirements provided in this chapter, may, with the
consent of the Director of Corrections, transport any abandoned
vehicle to, and dispose of any abandoned vehicle at, any institution
under the jurisdiction of the director which has a program
established pursuant to Section 2813.5 of the Penal Code.