Chapter 11.56

REMOVAL OF VEHICLES*

Sections:

• 11.56.020 Vehicles parked in street for seventy-two or more consecutive hours.

• 11.56.030 Removal to facilitate flow of traffic.

• 11.56.040 Removal for authorized special use of street.

• 11.56.050 Removal for street cleaning, repair or construction or for installation of underground utilities.

• 11.56.060 Removal of vehicles parked in violation of no overnight parking zones.

*State law reference— For statutory provisions on the removal of parked and abandoned vehicles, see Vehicle Code § 22650 et seq.

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§ 11.56.010

Any regularly employed and salaried peace officer of the city may remove vehicles from a street or highway, or portion thereof, in the manner provided and subject to the requirements of the Vehicle Code of the state of California, whenever he is authorized to so do by or under the provisions of Section 22651 of the said Vehicle Code or by any other law of the state. (Prior code § 3318.5.)

In the event a vehicle is illegally parked or left standing upon a street or highway in the city for seventy-two or more consecutive hours in violation of Section 11.36.220 of this Code, any regularly employed and salaried peace officer of the city may remove such vehicle from the street or highway in the manner and subject to the requirements of the Vehicle Code of the state. (Prior code § 3318.1.)

• A. Whenever he finds and determines that the flow of traffic upon any street or highway, or portion thereof, in the city is being unreasonably interfered with or restricted by or because of parking or standing of vehicles on such street or highway or portion thereof in violation of any provision of the San José Municipal Code or of any other ordinances of the city, and that the removal of such vehicles is or will be necessary for the free or unrestricted flow of traffic on such street or highway or portion thereof, the city traffic engineer or his authorized representative is authorized to erect or place signs, or cause signs to be erected or placed, on said street or highway or portion thereof, in the manner provided and subject to the requirements of the Vehicle Code of the state, giving notice that any vehicle illegally parked or left standing thereon in violation of any city ordinance may be removed, and keep said signs thereon until he finds that the re-

moval of vehicles is no longer necessary for the above mentioned purpose or until the city council orders him to remove them.

• B. Upon and after the expiration of twenty-four hours from and after the time said signs shall have been erected or placed on said street or highway or portion thereof, any regularly employed and salaried peace officer of the police department may remove from said street or highway or portion thereof, in the manner provided and subject to the requirements of the Vehicle Code of the state, any vehicle illegally parked or left standing thereon in violation of any provision of the San José Municipal Code or of any other ordinance of the city.

• (Prior code § 3318.4.)

• A. Whenever the use of a highway or street, or any portion thereof, in the city has been authorized by the city council or other authorized officer of the city for a purpose other than the normal flow of traffic, or for the movement of equipment, articles or structures of unusual size, and he finds that the parking of vehicles thereon will prohibit or interfere with such use or movement and that the removal of vehicles illegally parked thereon in violation of Section 11.36.200 of the San José Municipal Code will be necessary for said special use or movement, the city traffic engineer or his authorized representative is authorized to erect or place signs, or cause signs to be erected or placed, on said street or highway or portion thereof, in the manner provided and subject to the requirements of the Vehicle Code of the state, giving notice that any vehicle illegally parked thereon may be removed, and keep said signs thereon until said special use or movement is completed.

• B. Upon and after the expiration of twenty-four hours from and after the time said signs shall have been erected or placed on said street or highway or portion thereof, any regularly em-

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ployed and salaried peace officer of the police department may remove from said street, highway or portion thereof, in the manner provided and subject to the requirements of the Vehicle Code of the state, any vehicle illegally parked thereon in violation of Section 11.36.200 of this Code.

• C. Each request, other than by the city council or police department, for the establishment of such a temporary tow-away zone shall be accompanied by a fee as set forth in the schedule of fees established by resolution of council. Upon the payment of this fee and the issuance of a permit, the holder of said permit may request the removal of any vehicle parked in violation of the posted restrictions and any regularly employed and salaried peace officer of the police department shall remove any such illegally parked vehicle in the manner provided in and subject to the requirements of the Vehicle Code.

(Prior code § 3318.3; Ords. 20643, 21021, 21290.)

• A. Whenever he finds that it is or will be necessary for the cleaning, repair or construction of any street or highway or portion thereof in the city, or for the installation of underground utilities therein, to remove vehicles illegally parked or left standing thereon in violation of Section 11.36.190 of the San José Municipal Code, the city traffic engineer or his authorized representative is authorized to erect or place signs, or cause signs to be erected or placed, on said street or highway or portion thereof, in the manner provided and subject to the requirements of the Vehicle Code of the state, giving notice that any vehicle illegally parked or left standing thereon may be removed, and keep said signs thereon until said cleaning, repair, construction or installation is completed.

• B. Upon and after the expiration of twenty-four hours from and after the time said signs shall have been erected or placed on said street, highway or portion thereof, any regularly employed and salaried peace officer of the police department may remove from said street, highway or portion thereof, in the manner provided and subject to the requirements of the Vehicle Code of the state, any vehicle illegally parked or left standing thereon in violation of Section 11.36.190 of this Code.

(Prior code § 3318.2.)

Pursuant to the requirements of California Vehicle Code Section 22561 (n), the City Council may, by resolution, authorize the removal of vehicles parked in a no overnight parking zone defined by Section 11.36.255.

(Ord. 31052.)