Chapter 10.44 — VEHICLES ON PRIVATE PROPERTY

Editor's note— For statutory provisions on removal of vehicles from private property, see Vehicle Code § 22658 et seq.

It is unlawful for any person to drive or park a vehicle upon privately owned property without the express or implied permission of the owner or lawful occupant of the property.

(Ord. 258 §1, 1967; Ord. No. 696, §1, 4-27-2021)

If any private property is normally used for the parking of vehicles in connection with the operation of a business upon the property or adjacent property, there is implied permission to use the property for such purpose by persons patronizing the business, but only during the time that the business is open to the public and for a period of fifteen minutes before the business is open to the public and for a period of fifteen minutes after the business has been closed to the public. However, this implied permission extends only to persons who are actually patronizing the business, and for the time the persons are so patronizing the business.

(Ord. 258 §3, 1967; Ord. No. 696, §1, 4-27-2021)

The owner or person in lawful possession of any private property may request any officer of the police department to cause the removal, or, subsequent to giving notice to the police department, such owner or person in lawful possession may himself cause the removal of the vehicle parked on such property to the nearest public garage or other place of safety if there is displayed in plain view on the property a sign prohibiting public parking. When the person causing the removal of such vehicle is not an officer of the police department, such person shall comply with the requirements of Sections 22852 and 22853 of the Vehicle Code of the state relating to notice in the same manner as shall an officer of the police department when removing a vehicle from private property.

(Ord. 258 §4, 1967; Ord. No. 696, §1, 4-27-2021)

The owner or person having the right to possession of any vehicle removed pursuant to this section shall pay all such removal, towing and storage charges before he shall be entitled to regain possession of such vehicle.

(Ord. 258 §5, 1967; Ord. No. 696, §1, 4-27-2021)

Every person, association, or corporation who violates any of the provisions of this chapter is guilty of a misdemeanor. Upon conviction thereof, he shall be punishable by a fine not to exceed one hundred fifty dollars, or by imprisonment in the city jail or the county jail not to exceed thirty days, or by both such fine and imprisonment. Each separate day or any portion thereof during which any violation of this chapter occurs or continues constitutes a separate offense and, upon conviction thereof, shall be punishable as provided in this chapter.

(Ord. 258 §6, 1967; Ord. No. 696, §1, 4-27-2021)