regulations by ordinance or resolution, regulating vehicular traffic on privately owned and maintained roads

located within the boundary of such city, except that no such ordinance or resolution shall be effective until

signs giving notice thereof are posted on the roads affected. The provisions of this section shall not apply to

any city in which there are publicly maintained city streets.

(a) Any city or county may, by ordinance or resolution, find and declare that there are privately owned

and maintained roads as described in the ordinance or resolution within the city or county that are generally

held open for use by the public for vehicular travel and which so connect with highways that the public

cannot determine that the roads are not highways. Upon enactment by a city or county of the ordinance or

resolution, this code shall apply to the privately owned and maintained road, except as provided in

subdivision (b).

(b) No ordinance or resolution enacted under subdivision (a) shall apply to any road on which the owner

has erected a notice of a size, shape, and color as to be readily legible during daylight hours from a distance

of 100 feet to the effect that the road is privately owned and maintained and that it is not subject to public

traffic regulations or control.

(c) No ordinance or resolution shall be enacted under subdivision (a) without a public hearing after 10

days' written notice to the owner of the privately owned and maintained road involved.

(d) The department is not required to provide patrol or enforce any provision of this code on any

privately owned and maintained road, except those provisions applicable to private property, other than

pursuant to this section.

(a) Any city or county may, by ordinance or resolution, find and declare that there are privately owned

and maintained roads as described in the ordinance or resolution within the city or county that are not

generally held open for use of the public for purposes of vehicular travel but, by reason of their proximity to

or connection with highways, the interests of any residents residing along the roads and the motoring public

will best be served by application of the provisions of this code to those roads. No ordinance or resolution

shall be enacted unless there is first filed with the city or county a petition requesting it by a majority of the

owners of any privately owned and maintained road, or by at least a majority of the board of directors of a

common interest development, as defined by Section 1351 of the Civil Code, that is responsible for

maintaining the road, and without a public hearing thereon and 10 days' prior written notice to all owners of

the road or all of the owners in the development. Upon enactment of the ordinance or resolution, the

provisions of this code shall apply to the privately owned and maintained road if appropriate signs are erected

at the entrance to the road of the size, shape, and color as to be readily legible during daylight hours from a

distance of 100 feet, to the effect that the road is subject to the provisions of this code. The city or county may

impose reasonable conditions and may authorize the owners, or board of directors of the common interest

development, to erect traffic signs, signals, markings, and devices which conform to the uniform standards

and specifications adopted by the Department of Transportation.

The law provided on this disc is current as of January 1, 2005. Check with legal counsel to determine if there have been any changes in the law

not set forth in this disc.

(b) The department shall not be required to provide patrol or enforce any provisions of this code on any

privately owned and maintained road subjected to the provisions of this code under this section, except those

provisions applicable to private property other than by action under this section.

(c) As used in this section, "privately owned and maintained roads" includes roads owned and maintained

by a city, county or district that are not dedicated to use by the public or are not generally held open for use

of the public for purposes of vehicular travel.

(a) Except as provided in Section 22658.2, the owner or person in lawful possession of any private

property, within one hour of notifying, by telephone or, if impractical, by the most expeditious means

available, the local traffic law enforcement agency, may cause the removal of a vehicle parked on the property

to the nearest public garage 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 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. 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 person causing removal of the vehicle, if the person knows or is able to ascertain from 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 public garage, a copy of the notice shall be given to the proprietor

of the garage. The notice provided for in this section shall include the amount of mileage on the vehicle at

the time of removal. If the person 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 person causing removal

of the vehicle 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 which 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 any person causing the removal

of, or removing, the vehicle.

The law provided on this disc is current as of January 1, 2005. Check with legal counsel to determine if there have been any changes in the law not

set forth in this disc.

(e) Any owner or person in lawful possession of any private property, or an "association" pursuant to

Section 22658.2, 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).

(f) Any owner or person in lawful possession of any private property, or an "association" pursuant to

Section 22658.2, causing the removal of a vehicle parked on that property shall state the grounds for the

removal of the vehicle if requested by the legal or registered owner of that vehicle. Any towing company that

removes a vehicle from private property with the authorization of the property owner or the property owner's

agent shall not be held responsible in any situation relating to the validity of the removal. Any towing

company that removes the vehicle under this section shall be responsible for

(1) any damage to the vehicle in the transit and subsequent storage of the vehicle and

(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) Possession of any vehicle under this section shall be deemed to arise when a vehicle is removed from

private property and is in transit.

(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 of private property or that owner's agent pursuant to this

section if the owner of the vehicle or the owner's agent returns to the vehicle 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 charge for towing or storage, or both, of a vehicle under this section is excessive if the charge

is greater than that which would have been charged for towing or storage, or both, made at the request of a

law enforcement agency under an agreement between the law enforcement agency and a towing company in

the city or county in which is located the private property from which the vehicle was, or was attempted to

be, removed.

(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 any 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) Any person who charges a vehicle owner a towing, service, or storage charge at an excessive rate,

as described in subdivision (i), is liable to the vehicle owner for four times the amount charged.

The law provided on this disc is current as of January 1, 2005. Check with legal counsel to determine if there have been any changes in the law not

set forth in this disc.

(k) Persons operating or in charge of any 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

or the owner's agent claiming the vehicle. A person operating or in charge of any storage facility who refuses

to accept a valid bank credit card is liable to the registered owner of the vehicle 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 moneys on the premises of the primary storage facility

during normal business hours 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 making agreements with

towing companies as described in subdivision (i).

(l) (1) A towing company shall not remove or commence the removal of a vehicle from private property

without first obtaining written authorization from the property owner or lessee, or an employee or agent

thereof, who shall be present at the time of removal. 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 any entrance to, or exit from, the private property.

(2) If a towing company removes a vehicle without written authorization and that vehicle is

unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner which interferes with any

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 which clearly indicates that parking violation. The towing company shall

keep one copy of the photograph taken pursuant to this paragraph, and shall present that photograph to the

owner or an agent of the owner, when that person claims the vehicle.

(3) Any towing company, or any affiliate of a towing company, which removes, or commences

removal of, a vehicle from private property without first obtaining written authorization from the property

owner or lessee, or an employee or agent thereof, who is present at the time of removal or commencement

of the removal, except as permitted by paragraph (1), is liable to the owner of the vehicle for four times the

amount of the towing and storage charges, in addition to any applicable criminal penalty, for a violation of

paragraph (1).

(m) (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.

(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:

The law provided on this disc is current as of January 1, 2005. Check with legal counsel to determine if there have been any changes in the law not

set forth in this disc.

(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.

(a) Except as provided in subdivision (b), an "association", as defined in subdivision (a) of Section 1351

of the Civil Code, of a common interest development, as defined in subdivision (c) of Section 1351 of the

Civil Code, may cause the removal of a vehicle parked on that property to the nearest public garage if all of

the following requirements are satisfied:

(1) A sign not less than 17 by 22 inches in size with lettering not less than one inch in height appears

at each entrance to the common interest development and contains both of the following:

(A) A statement that public parking is prohibited and all vehicles not authorized to park on the

common interest development will be removed at the owner's expense.

(B) The telephone number of the local traffic law enforcement agency.

The sign may also indicate that a citation may be issued for the violation.

(2) If the identify of the registered owner of the vehicle is known or readily ascertainable, the

president of the association or his or her designee shall, within a reasonable time, notify the owner of the

removal by first-class mail. If the identity of the owner of the vehicle is not known or ascertainable, the

president of the association or his or her designee shall comply with subdivision (c) of Section 22853.

(3) The president of the association or his or her designee, gives or causes to be given, notice of the

removal to the local traffic law enforcement agency immediately after the vehicle has been removed. The

notice shall include a description of the vehicle, the license plate number, and the address from where the

vehicle was removed.

(b) The association may cause the removal without notice of any vehicle parked in a marked fire lane,

or in a manner which interferes with any entrance to, or exit from, the common interest development or

any separate interest contained therein.

incurred by the vehicle owner because of the removal of a vehicle in compliance with this section or for any

damage to the vehicle caused by the removal. However, the owner of a vehicle removed pursuant to this

section may recover for any damage to the vehicle which results from any intentional or negligent act of the

association or any person causing the removal of, or removing, the vehicle.

The law provided on this disc is current as of January 1, 2005. Check with legal counsel to determine if there have been any changes in the law not

set forth in this disc.

(d) Notwithstanding any other provision of law, subdivisions (f) to (k), inclusive, of Section 22658 apply

to the removal of vehicles pursuant to this section.

(a) Whenever an officer or an employee removing a California registered vehicle from a highway or from

public property for storage under this chapter 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 required by Section 22852, the officer

or employee shall immediately notify, or cause to be notified, the Department of Justice, Stolen Vehicle

System, of its removal. The officer or employee shall file a notice with the proprietor of any public garage

in which the vehicle may be stored. The notice shall include a complete description of the vehicle, the date,

time, and place from which removed, the amount of mileage on the vehicle at the time of removal, and the

name of the garage or place where the vehicle is stored.

(b) Whenever an officer or an employee removing a vehicle not registered in California from a highway

or from public property for storage under this chapter does not know and is not able to ascertain the owner

or for any other reason is unable to give the notice to the owner as required by Section 22852, the officer or

employee shall immediately notify, or cause to be notified, the Department of Justice, Stolen Vehicle System.

If the vehicle is not returned to the owner within 120 hours, the officer or employee shall immediately send,

or cause to be sent, a written report of the removal by mail to the Department of Justice at Sacramento and

shall file a copy of the notice with the proprietor of any public garage in which the vehicle may be stored. The

report shall be made on a form furnished by that department and shall include a complete description of the

vehicle, the date, time, and place from which the vehicle was removed, the amount of mileage on the vehicle

at the time of removal, the grounds for removal, and the name of the garage or place where the vehicle is

stored.

(c) Whenever an officer or employee or private party removing a vehicle from private property for

storage under this chapter 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 required by Section 22852 and if the vehicle is not returned

to the owner within a period of 120 hours, the officer or employee or private party shall immediately send,

or cause to be sent, a written report of the removal by mail to the Department of Justice at Sacramento and

shall file a copy of the notice with the proprietor of any public garage in which the vehicle may be stored.

The report shall be made on a form furnished by that department and shall include a complete description of

the vehicle, the date, time, and place from which the vehicle was removed, the amount of mileage on the

vehicle at the time of removal, the grounds for removal, and the name of the garage or place where the vehicle

is stored.