Loading...
(Added by Ord. No. 162,112, Eff. 3/31/87.)
(a) Subject to the provisions of Subsection (b), where a vehicle is immobilized pursuant to Vehicle Code Section 22651.7 or any other Code section which authorized similar immobilization, and the owner or person in control of the vehicle has been issued five or more notices of parking violations that are delinquent, such owner or person in control of the vehicle shall be required to pay the Department a charge of $150.00 for the cost of the immobilization. (Amended by Ord. No. 180,060, Eff. 8/30/08.)
(b) The charge imposed by Subsection (a) above shall not be applicable to a vehicle which, prior to release to the owner, has been so immobilized and subsequently towed to an impound garage.
(c) Upon immobilization of such vehicle the person effecting such immobilization shall cause to be placed on such vehicle, in a conspicuous manner, notice sufficient to warn any individual that such vehicle has been immobilized and any attempt to move such vehicle might result in damage to such vehicle. Said notice shall also state that there is a right to a post-immobilization hearing to determine the validity of such immobilization, and any booting, towing or storage charges. Such hearing shall be conducted by a hearing officer appointed to conduct such hearings. This post-immobilization hearing will not be determinative of or adjudicate any citation issued relative or any immobilized vehicle. The hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. Failure of either the registered or legal owner, or the registered or legal owner’s agent, to request or to attend a scheduled hearing shall satisfy the post-immobilization validity hearing requirement of this subsection.
(d) The immobilizing device or, mechanism shall remain in place for 72 hours unless the owner has complied with Section 22651.7 of the Vehicle Code or as a result of a hearing held pursuant to Subsection (c) of this section it is determined that the device or mechanism should be removed. If the immobilization occurs when a vehicle is parked in a tow-away zone or restricted parking area; or in a location so as to be blocking or impeding traffic, then such vehicle is subject to immediate towing and impounding. Booting, towing and storage fees, subject to the determination of the hearing officer, pursuant to Subsection (c) of this section and applicable Vehicle Code sections, that such fees are not required, shall be paid before the owner of such vehicle, or authorized person, shall be permitted to repossess or secure the release of the vehicle.
(e) Once a vehicle has been immobilized pursuant to Vehicle Code Section 22651.7 or any other similar provision of law which authorizes immobilization, no one, other than such persons who are authorized by law to do so, shall mobilize any such vehicle.
(f) No one, other than a person authorized by law to immobilize a vehicle pursuant to Vehicle Code Section 22651.7 or other similar provision of law, shall, once a vehicle has been so immobilized, cause any such vehicle to be towed from the location where immobilized. If any such vehicle is so towed both the person requesting the towing service and the operator of the towing vehicle shall be in violation of this section.
(g) Any violation of either Subsections (e) and (f) shall constitute a misdemeanor.
(h) If a vehicle has been immobilized by means of a self-releasing boot (boot) for unpaid parking fines and penalties as provided in Subsection (a), the motorist may be allowed to remove the boot immediately upon payment of all outstanding fines and penalties due the City. The motorist shall pay the balance of all unpaid parking fines, along with the boot fee, prior to receiving a code to unlock the boot. The motorist may contact the Department for assistance or to have the immobilization device removed. (Added by Ord. No. 185,756, Eff. 10/14/18.)
After receipt of the code to unlock the boot, if the motorist removes the boot, the motorist shall have 48 hours (excluding weekends and holidays) to return the boot to an office location designated by the Department. If the boot has not been returned within 48 hours, the Department may assess the vehicle owner a fine of $25 per day, up to a maximum fine of $500. The Department shall assess a repair or replacement cost up to $500 if the motorist returns the self-releasing boot in a damaged or unserviceable condition. (Added by Ord. No. 185,756, Eff. 10/14/18.)
(Amended by Ord. No. 173,301, Eff. 6/30/00, Oper. 7/1/00.)
(a) On the 15th day and last day of each calendar month, each Official Police Garage Operator, hereinafter “operator”, who engages in the sale or sales of forfeited vehicles pursuant to Vehicle Code Section 14607.6 shall make a report to the Office of Finance, on forms provided by the Los Angeles Police Department, of the total amount of moneys due and owing to the City pursuant to Vehicle Code section 14607.6 for said period. The full amount of moneys due and owing to the City shall be remitted to the Office of Finance at the time the report is filed. However, the report and remittance are due immediately upon the cessation of business by an operator for any reason. All moneys due and owing to the City pursuant to this section shall be held in trust for the account of the City until remittance thereof is made to the Office of Finance. Moneys due and owing to the City under this section that are not remitted to the Office of Finance within 15 days of the applicable dates set forth are delinquent. A penalty for delinquency in the remittance of moneys shall be paid by the operator to the Office of Finance in the amount of the 25 percent of the amount of delinquent moneys. (Amended by Ord. No. 181,698, Eff. 6/18/11.)
(b) Legal owners who engage in the sale of forfeited vehicles pursuant to Vehicle Code Section 14607.6 shall transmit moneys due and owing the City of Los Angeles to the Los Angeles Police Department for deposit into the City’s General Fund.
(c) Moneys received by the Office of Finance from the sale of forfeited vehicles pursuant to Vehicle Code Section 14607.6 shall be deposited in the General Fund.
(d) The Los Angeles Police Department is authorized and responsible for investigating and auditing as necessary the files and records of each person selling forfeited vehicles and for taking any action necessary to assure that the City of Los Angeles receives all moneys required to be transmitted to it pursuant to Vehicle Code Section 14607.6.
(e) Any person who fails to remit to the City of Los Angeles moneys required to be remitted under this section shall be liable in an action brought in the name of the City for the recovery of the amount of such moneys.
(Amended by Ord. No. 173,397, Eff. 8/13/00.)
A. Definitions. As used in this section “Board” shall mean the Board of Police Commissioners. “Official Police Garage” shall mean a towing and garage business selected by the City to remove and store vehicles at the direction of any Police Officer or Traffic Officer employed by the City of Los Angeles including officers of the Port Police, Airport Police and Housing Authority Police.
B. Selection Process for Official Police Garages.
1. The Board of Police Commissioners shall, subject to the approval of the City Council, enter into contracts, awarded for a fixed term of five years, with Official Police Garages for 18 Official Police Garage service areas of the City and for such heavy duty towing services as may, in the judgment of the Board, be necessary. The geographic boundaries of the 18 Official Police Garage service areas shall be those depicted on the maps on file with the City Clerk in Council File 08-0418. (Amended by Ord. No. 181,143, Eff. 6/1/10.)
2. Said contracts shall be issued only after utilizing the City’s standardized bid and contract procedures. Each request for proposals issued pursuant to this section shall be approved by resolution of the City Council. The evaluation of each proposal made pursuant to the provisions of this Section shall include an evaluation of the past performance of any proposer which has in the past operated as an Official Police Garage.
3. Each contract awarded pursuant to this section shall provide for towing and storage fees which shall be uniform throughout the City. Said fees shall be determined by the Board which shall consider as a factor the Los Angeles County Transportation Index. Said fees shall be effective for a calendar year.
4. The bid and contract procedures shall be implemented successively commencing with the geographic area which has had a designated Official Police Garage for the longest period and concluding with the area which has had a designated Official Police Garage for the shortest period. The heavy duty towing contracts shall be awarded in a like manner. (Amended by Ord. No. 174,792, Eff. 10/6/02.)
5. Each contract awarded pursuant to this section shall provide for an option to renew the contract for an additional five year period subject to approval by the City Council. This provision shall not apply to any interim contract awarded pursuant to Subsection C of this section.
6. (Repealed by Ord. No. 181,143, Eff. 6/1/10.)
C. Interim Contracts for Official Police Garage Services.
1. The Board shall enter into written contracts with those individuals or corporations which were doing business as Official Police Garages for the City on February 28, 1996. Said contracts shall be for terms which shall expire upon the award of the contracts described in Subsection “B” above.
2. Any transfer of ownership of an Official Police Garage contract entered into under provisions of this subsection shall not be made absent approval of the City Council.
D. Gross Receipts Fee. Each Official Police Garage shall pay to the general fund of the City a fee equal to seven percent (7%) of all revenues generated as a result of its activities as an Official Police Garage, including but not limited to revenues generated from the towing and storage of vehicles and the sales of lien vehicles. Each operator of an Official Police Garage shall, on the 15th day and last day of each calendar month, make a statement to the Office of Finance, on forms provided by the Office of Finance, of the total amount of fees imposed by this section. At the time the statement is filed, the full amount of said fees shall be remitted to the Office of Finance. However, the statement and remittance are due immediately upon the cessation of business by an operator for any reason. All fees owed by each operator pursuant to this section shall be held in trust for the account of the City until remittance thereof is made to the Office of Finance. Fees imposed by this section that are not remitted to the Office of Finance within 15 days of the applicable dates set forth are delinquent. A penalty for delinquency in the remittance of fees shall be paid by the operator to the Office of Finance in the amount of 25 percent of the amount of the delinquent fees. (Amended by Ord. No. 181,698, Eff. 6/18/11.)
E. Miscellaneous Provisions.
1. Contracts awarded pursuant to this section may be awarded to individuals, partnerships, closely held corporations or public corporations.
2. Any sale or transfer of a majority of either the ownership interest or stock except public share stocks, of any Official Police Garage shall be subject to the approval of the City Council which shall consider any recommendation of the Board.
3. No individual, partnership, closely held corporation or public corporation shall be awarded more than two contracts to operate as an Official Police Garage at any given time.
4. Each Official Police Garage shall maintain its primary storage facility within the City.
5. No owner of an Official Police Garage shall have a controlling ownership interest in any automobile dismantling or wrecking yard, automobile body or repair shop, used car business or any other automobile related business other than an automobile towing and related garage business.
6. Each Official Police Garage shall obtain a permit pursuant to Los Angeles Municipal Code Section 103.204 and shall be subject to the provisions of Chapter X, Article 3, Division 3 of this Code.
Loading...