(A) It shall be unlawful for any person in charge of any vehicle to stop, park, place or leave standing said vehicle, whether occupied or not, upon any street, vehicle parking lot, alley or public place, for 72 or more consecutive hours. Any regularly employed and salaried officer of the Police Department, or any regularly employed and salaried employee of the city who is engaged in directing traffic or enforcing parking laws and regulations may remove or cause to be removed such vehicle from the place where found to an authorized garage, storage or impounding area as designated by the Chief of Police, or as otherwise authorized or provided in the Cal. Vehicle Code.
(B) It is unlawful for any person in charge of any vehicle to stop or park or leave standing the vehicle, whether occupied or not, upon any street, vehicle parking lot, alley or other public place when the street, parking lot, alley or other public place or a portion thereof is necessary for the cleaning, repair or construction of the highway, or for the installation of underground utilities, and signs giving notice that such a vehicle may be removed are erected or placed at least 24 hours prior to the removal by local authorities pursuant to this section.
(C) (1) It is unlawful for any person in charge of any vehicle to stop, park or to leave standing the vehicle, whether occupied or not occupied, upon any street, vehicle parking lot, alley or other public place or a portion thereof whenever the use of the highway or any portion thereof is authorized by local authorities 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 any vehicle would prohibit or interfere with the use or movement, and signs giving notice that such a vehicle may be removed are erected or placed at least 24 hours prior to the removal by local authorities pursuant to this section.
(2) It is unlawful for any person in charge of any vehicle to stop, park or to leave standing a vehicle, whether occupied or not occupied, upon any street, alley or other public place, or a portion thereof in the areas designated by resolution adopted by the Traffic Safety Committee as a part of the area used by the Downtown/Old Town Merchants Association under agreement with the city for the Friday Night Family Festival, and signs giving notice that such a vehicle may be removed by the Police Department by use of tow-away procedures under this section are erected pursuant to this division (C)(2).
(D) The City Council by resolution or by ordinance may prohibit the parking of any vehicle whenever any vehicle is parked or left standing where the City Council has prohibited and authorized the removal of vehicles. No vehicle may be removed unless signs are posted giving notice of the removal.
(E) Whenever an authorized member of the Police Department directs the storage of a vehicle as permitted by this section, or upon the storage of any vehicle provided for in this section, the Department or the person directing the storage shall provide the vehicle's registered and legal owners of record or their agents with the opportunity for a post-storage hearing to determine the validity of the storage.
(F) (1) A notice of such storage shall be mailed or personally delivered to the registered and legal owners within 48 hours, excluding weekends and holidays, and shall include the following information:
(a) The name, address and telephone number of the agency providing the notice;
(b) The location of the place of storage and description of the vehicle which shall include, if available, the name or make, the manufacturer, the license plate number, and the mileage;
(c) The authority and purpose for the removal of the vehicle.
(2) The notification shall also specify that in order to receive their post-storage hearing, the owner, or their agent, must request a hearing in person, writing or by telephone within ten days of the date appearing on the notice. Any such hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The City Council may authorize any officer or employee to conduct the hearing, so long as the Hearing Officer is not the same person who directed the storage of the vehicle.
(G) (1) Failure of either the registered owner or their agent, to request or to attend a scheduled hearing shall satisfy the post-storage validity hearing requirement of this section.
(2) The agency employing the person who directed the storage shall be responsible for the cost incurred for towing and storage if it is determined in the hearing that the probable cause for the storage cannot be established.
(H) The provisions of this section shall not apply to the removal of vehicles abated under the Abandoned Vehicle Abatement Program pursuant to Cal. Vehicle Code §§ 22660, 22662 and 22668 inclusive, and § 22710, or to vehicles impounded for investigation pursuant to Cal. Vehicle Code § 22665, or to vehicles removed from private property pursuant to Cal. Vehicle Code § 22658.
(`83 Code, § 10.16.100) (Ord. 83-12 § 1, 1983; Ord. 84-4 § 1, 1984; Ord. 85-8 § 1, 1985; Ord. 96-07 § 2, 1996; Ord. 96-07U § 2, 1996)