Stockton Municipal Code Art. I Procedure for Removal and Impounding Vehicles

"Official garage"

means garage of an operator as defined herein.

"Operator"

means any person, firm, corporation or association or any combination of the foregoing, licensed by contract with the City to tow and to store vehicles as provided for in this chapter.

(Prior code § 10-082.1)

Any police officer, officer, or parking enforcement officer is hereby authorized to remove or cause the removal of a vehicle from a street, highway, municipal off-street parking lot, privately owned parking lot or any other public property:

A. When such vehicle has been parked or left standing upon a highway for 72 or more consecutive hours; or

B. When the use of a street or highway or portion thereof is necessary for the cleaning, repair or construction of the street or highway or for the installation of underground utilities, and the vehicle is parked or left standing upon such highway or portion thereof, and signs, giving notice that such vehicle may be removed, are erected or placed at least 24 hours prior to removal, which signs must be in sufficient number and location to give adequate and reasonable notice; or

C. Where the use of a street or highway is authorized by the Chief of Police 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 such vehicle would prohibit or interfere with such use or movement and signs, giving notice that such vehicle may be removed, are erected or placed at least 24 hours prior to removal, which signs must be in sufficient number and location to give adequate and reasonable notice; or

D. When such vehicle has been left standing or parked within any area designated by the City Manager as a tow away zone and posted as such during the hours in which parking is prohibited; or

E. When such vehicle is left standing or parked upon a municipal off-street parking lot in violation of the provisions of Section 10.48.060, 10.48.080, 10.48.090 or 10.48.110 of this code; or

F. When such vehicle is parked in the space or stall or next to a curb designated for disabled persons and does not display a placard or license plate issued for physically handicapped persons and there is posted immediately adjacent to and visible from such stall or space or curb a sign, not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, stating the following: "UNAUTHORIZED VEHICLES NOT DISPLAYING DISTINGUISHING PLACARDS OR LICENSE PLATE ISSUED FOR PHYSICALLY HANDICAPPED PERSONS WILL BE TOWED AWAY AT OWNER'S EXPENSE" said sign shall include the telephone number for the Stockton Police Department.

(Prior code § 10-080.2; Ord. 2015-07-21-1201 C.S. § 3)

Whenever a police officer, officer, or parking enforcement officer causes the removal of a vehicle from the places herein authorized, and the police officer, officer, or parking enforcement officer knows, or is able to ascertain from the registration records of the Department of Motor Vehicles, the name and address of the owner thereof, such police officer, officer, or parking enforcement officer shall immediately give, or cause to be given, notice in writing to such owner of the fact of such removal, the grounds thereof, and of the place to which such vehicle has been removed. A copy of such notice shall be given to the operator of the garage wherein the vehicle is stored. When the police officer, officer, or parking enforcement officer removing a vehicle from the places herein provided, does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give notice to the owner, as hereinbefore provided, and in the event the vehicle is not returned to the owner within a period of 120 hours, then and in that event the police officer, officer, or parking enforcement officer shall immediately send, or cause to be sent, written report of such removal, by mail, to the Department of Motor Vehicles at Sacramento, and shall file a copy of such notice with the operator of the garage in which the vehicle may be stored. Such report shall include a complete description of the vehicle, the date, time and place from which removed, the grounds for such removal and the name of the garage where the vehicle is stored.

(Prior code § 10-080.3; Ord. 2015-07-21-1201 C.S. § 3)

The City shall enter into a contract on behalf of the City of Stockton with an operator which contract shall provide that the said operator shall agree to tow and to store vehicles which are ordered removed from the highway and other places by police officers, officers, or parking enforcement officers, pursuant to this chapter, and the laws of the State, and shall further agree to charge the owner of the vehicle so removed a fee which shall not be in excess of that agreed upon in said contract.

(Prior code § 10-080.5; Ord. 2015-07-21-1201 C.S. § 3)

Every operator to whom a contract is awarded for said towing shall, upon the execution of such contract, file with the Director of Finance of the City a bond, approved by the City Attorney, in such amount as may be determined by the City Manager. Said bond shall be conditioned that the principal will indemnify any and all persons, firms or corporations, including the City, for any loss sustained by any unlawful or unauthorized damage to the vehicle which is removed or stored by the said operator, pursuant to the provisions of this chapter.

(Prior code § 10-080.9)

A copy of such contract and a schedule of the fees authorized shall be maintained in a conspicuous place in the garage and filed in the office of the City Clerk.

(Prior code § 10-080.10)

No vehicle shall be removed from the highway or other place under the provisions of this chapter except upon the order of a police officer, officer, or parking enforcement officer acting in accordance with law; provided, however, that a police officer, officer, or parking enforcement officer may, when so requested by the owner or operator of a motor vehicle that is inoperative on or off the highway or other place, but not in violation of law, transmit said owner's or operator's request for tow car services to the operator designated by the City Council, and in such case the fee schedule provided for in the contract shall apply.

(Prior code § 10-080.11; Ord. 2015-07-21-1201 C.S. § 3)

A police officer, officer, or parking enforcement officer may call for the tow-car services of an automobile owner's association or club when the police officer, officer, or parking enforcement officer has reason to believe the person owning a vehicle that requires tow services has a contractual agreement for such services with such automobile association or club and such association or club will abide by the rules and regulations established under Section 10.16.100.

(Prior code § 10-080.11.1; Ord. 2015-07-21-1201 C.S. § 3)

It is unlawful for the operator to charge the owner of a vehicle so removed, fees in excess of those authorized by the contract entered into between the City and the operator, pursuant to this chapter.

(Prior code § 10-080.12)

The City Manager is hereby authorized, directed and empowered to prepare and promulgate such rules and regulations and revisions and amendments thereof, as may be necessary to carry out the express intent of this chapter, provided, however, that no such rules or regulations shall be contrary to the provisions of this chapter. Said rules and regulations shall be published once in the official newspaper of the City and shall become effective at 12:00 midnight the day they are so published. Copy of said rules and regulations shall be filed in the office of the City Clerk and shall be posted in a conspicuous place in the official garage or garages.

(Prior code § 10-080.13)

Nothing contained herein shall be deemed to prohibit, limit or restrict the use or operation of towing equipment or storage facilities by City agencies.

(Prior code § 10-080.14)

The registered owner of the removed and impounded vehicle, or authorized agent, may recover said vehicle upon payment to the operator of the fees and charges specified by the City pursuant to Section 10.48.040.

(Prior code § 10.081.1)

The registered owner or other person in lawful possession thereof may contest the validity of the removal and impound, pursuant to this chapter, of said vehicle by appearing in the Stockton Municipal Court Clerk's Office between the hours of 8:15 a.m. and 12:00 p.m. demanding a hearing on the violation which necessitated the removal and impound. Said hearing shall be held, unless waived by the defendant, no later than the next court day following the defendant's demand for a hearing.

(Prior code § 10-081.2)

If the defendant is found guilty, all towing and storage fees as established by the City pursuant to Section 10.16.040, must be paid to the operator by the registered owner or authorized agent to recover the vehicle.

(Prior code § 10-081.3)

If the defendant is found not guilty or the citation dismissed, the Clerk of the Court shall forthwith give the defendant evidence of the Judge or Traffic Referee's decision. The defendant shall forward said evidence to the towing operator who shall cause the release of the vehicle to the registered owner or authorized agent without charge; or, if the fees have been previously been paid cause said fees to be reimbursed to the registered owner.

(Prior code § 10-81.4)

If the registered owner or authorized agent fail to reclaim the vehicle within 24 hours of the decision of the court, said owner shall be liable for all fees for storage from the date of the hearing until the date of reclaiming the vehicle.

(Prior code § 10-081.5)

Any vehicle ordered removed and impounded pursuant to this chapter shall be issued a citation by the impounding officer. Any such citation shall be retained by the towing operator who shall deliver said citation together with a copy of the notice specified in Section 10.16.180 to the registered owner or other person in lawful possession upon such person's appearance and request for recovery of the impounded vehicle at the towing operator's place of business.

(Prior code § 10-081.6)

The following notice printed in 48-point bold type shall be posted in all places to which members of the public come to recover removed vehicles.

ATTENTION OWNERS OF TOWED VEHICLES HAVE THE FOLLOWING OPTIONS:

(Prior code § 10-081.7)

A. Each operator shall carry on the towing vehicle and have available at all times either a one five gallon can of dry sand or a one five gallon can of "grease sweep" and shall spread sand or "grease sweep" upon that portion of the roadway where oil, grease or other material has been deposited as a result of an accident or as a result of a disabled vehicle which is being towed. "Grease sweep" is defined as any porous material capable of absorbing grease, oil or other liquid material.

B. Any operator who violates this section shall be guilty of an infraction.

(Prior code § 10-081.8)