Grand Terrace Municipal Code Ch. 10.28 Towing of Privately Owned Vehicles by Law Enforcement and Code…

The purpose of this Chapter is to establish a procedure for the cost recovery of the costs associated with the personnel time required for the towing of privately owned vehicles by law enforcement or code enforcement personnel as a result of a violation of a law, municipal code or other act of wrong doing.

(Ord. 204 § 1(part), 2003)

For the purposes of this Chapter, the following definitions shall apply:

A. "Vehicle" means a device by which any person or property may be propelled, moved, or drawn upon a highway, excepting a device moved exclusively by human power. This includes but is not limited to automobiles, all terrain vehicles, buses, trucks, motorcycles, motorized cycles, tractors, trailers, or other such vehicles as described in Section 670 of the California Vehicle Code.

B. "Persons responsible for the vehicle" means the person(s) holding legal title to the vehicle and or having ultimate financial responsibility for the vehicle, or being entitled to the possession of the vehicle under a lease, rental, or purchase agreement, or as described in Section 460 of the California Vehicle Code.

C. "Law Enforcement or Code Enforcement Personnel" means any San Bernardino county sheriff's deputy, sheriff's service specialist, or other law enforcement officer as described in Section 830 of the California Penal Code having such authority to enforce laws within the City of Grand Terrace, and any city code enforcement officer employed by the City of Grand Terrace.

(Ord. 204 § 1(part), 2003)

The person(s) responsible for any vehicle towed away under the direction of law enforcement or city code enforcement personnel pursuant to Section 22651 of the California Vehicle Code, or pursuant to authority granted under this code, shall be required to pay an administrative fee for cost recovery of personnel time associated with the towing of said vehicle.

The administrative cost recovery shall occur for the following circumstances in which a vehicle is towed:

A. When a vehicle is parked or left standing upon a highway for 72 or more hours in violation of a local ordinance authorizing removal and after adequate warning has been posted on said vehicle.

B. When a vehicle is found upon a highway, any public lands or an off-street parking facility with a registration expiration date in excess of six months before the date found.

C. When an officer issues the driver of a vehicle a notice to appear for being unlicensed or driving with a suspended license.

D. When an officer arrests any person driving or in control of a vehicle for an alleged offense and the officer, by this Code or other law, required or permitted to take, and does take, the person into custody.

E. When any law enforcement or code enforcement personnel causes the tow or removal of a vehicle pursuant to any other authority given to said officer by this Code or other law.

(Ord. 204 § 1(part), 2003)

Pursuant to Section 22852 of the California Vehicle Code the registered and legal owners of a towed vehicle in the circumstances stated above are to be provided an opportunity for a hearing to determine the validity of the vehicle tow. If reasonable grounds are not established in the hearing, the law enforcement agency or the City of Grand Terrace will be responsible for the tow charges and the administrative fee shall be waived.

(Ord. 204 § 1(part), 2003)

The administrative fee for towing a vehicle in the above stated circumstances shall be set by resolution of the City Council.

(Ord. No. 330, § 40, 5-12-2020; Ord. 204 § 1(part), 2003)

The administrative fee shall not be charged in the circumstances where the tow or impound was as a result of a third party's criminal activity, or where such vehicle was found to be obstructing traffic due to unavoidable mechanical malfunctions, or where the driver was found to be incapacitated due to illness or injury.

(Ord. 204 § 1(part), 2003)