Ord 1440 - Regulating the Removal and Storage of Certain Illegally - Parked VehiclesOrdinance No. 1440
Ordinance of the Town of Los Gatos Regulating
the Removal and Storage of Certain Illegally -
Parked Vehicles
THE TOWN COUNCIL OF THE TOWN OF LOS GATOS ORDAINS:
SECTION to
Section 16 -45 is added to the Town Code to read:
Section 16 -45 Parking Regulation
When provided by resolution of the town
council and appropriate signs or markings are
in place giving notice, no person shall stop,
stand or park any vehicle on any highway in the
town or in any off- street parking facility -the
town owns or operates at a time or for a longer
period than such resolution provides. The
definition of "highway" is that provided by
Vehicle Code Section 360.
SECTION 2.
Section 16 -47 of the Town Code is repealed.
SECTION 3.
Sections 16 -46.1 through 16 -46.9 are added to the Town
Code to read:
Section 16 -46.1 Removal of Illegally - Parked Vehicles
When provided by resolution of the town council,
the chief of police or any regularly employed and
salaried employee of the Town who is engaged in
directing traffic or enforcing parking laws and
regulations and who is designated by the chief of
police may remove a vehicle from a highway when
the vehicle is parked or left standing under
circumstances prohibited by such resolution. No
vehicle may be removed unless signs are posted
warning of the circumstances under which vehicle
removal will occur. The definition of "highway"
is that provided by Vehicle Code Section 360.
Section 16 -46.2 Provisions for Removal and Storage
Removal of vehicles under the provisions of
section 16 -46.1 may be done by employees of the Town
or persons engaged by the Town to do such work. The
town manager is authorized in his discretion to
contract with persons such as operators of automotive
towing services to perform the work of removal and to
store removed vehicles.
Section 16 -46.4 Lien for Cost of Towing and Storage
Subject to the provisions of sections 16 -46.5
through 16 -46.9, the person who removes the vehicle
and stores it under the provisions of this ordinance
has a lien of the sort described in Vehicle Code
Section 22851.
Section 16 -46.5 Right to Release of Vehicles
Any person to whom a vehicle may lawfully
be released under the provisions of this ordinance
who asserts for any reason that there is no proper
obligation to pay for the removal and storage of
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the vehicle may obtain possession of the vehicle if
he deposits with the keeper of the place where the
vehicle is 'stored either a sum equal to the charge
claimed for removal and care of the vehicle or a
surety bond issued by a surety company licensed in
California guaranteeing that such payment will be
made if the final determination resulting from the
post - removal hearing is that the towing and storage
were proper.
Section 16 -46.6 Hearings
When a vehcle is removed and stored under the
provisions of sections 16 -46.1 through 16- 46.4, a
post - storage hearing to determine the propriety of
the removal and storage shall be provided upon request
of the registered or legal owner of the vehicle or his
agent. Any such hearing shall be held within 48 hours,
excluding weekends and holidays, of the time the Town
receives the request. The hearing shall be conducted
by the chief of police or a person designated by him.
Section 16 -46.7 Notice of Removal and Right to a Eiea.rinn
When a vehicle is removed and stored under the
provisions of sections 16 -46.1 through 16 -46.4, the
section 16 -46.6 notice shall be mailed or personally
:delivered to the registered and legal owners within
48 hours, exclusive of weekends or holidays. The notice
shall inform the addressees that they have the right to
a post- storage hearing if they request it within 10 days
of the date on the notice, that request may made in
writing, personally, or by telephone, and that the
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request must be received by the police department
before the end of the 10 -day period shown in'the
notice. The notice shall include the following
information:
(1) Name, address, and telephone number of the
town police department.
(2) The location and description of the vehicle,
including, if reasonably ascertainable, the
name or make, the manufacturer's serial
number, the license plate number, and the
mileage.
(3) The authority and purpose of the removal.
(4) The right to make :a.::depost . or _post'.:a :bond
to °.6btain prehearing release of the vehicle.
Section 16 -46.8 Waiver
Failure to request a hearing or to attend one
that has been scheduled is a waiver of the right to
a hearing.
Section 16 -46.9 Costs Charged to Town
If, as a result of the hearing, it is determined
that the vehicle was not stored in compliance with - the
provisions of sections 16 -46.1 and 16 -46.2, the Town
shall be responsible for the costs of towing and storage.
SECTION 4.
This ordinance takes effect 30 days after the date it is
adopted. Within 15 days after this ordinance is adopted the
Town Clerk shall cause it to be published once in a newspaper
of general circulation published and circulated in the Town.
This ordinance was introduced at a regular meeting of the
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Town Council of the Town of Los Gatos on August 6,1979 ,
and adopted by the following vote as an ordinance of the Town
of Los Gatos at a regular meeting of the Town Council on
August; 20,1979
AYES: COUNCIL MEMBER S
Mardi Gu.altieri,
NOES: COUNCIL MEMBERS
Ruth Cannon, Thomas J. F'errito,
Peter W. Siemens, John B. Lochner
None
ABSTAIN: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS None
SIGNED ` ?,'
/.Mayor of the Town of Los Gatos
ATTEST:
DEPUTY Clerk of the Town of Los Gatos
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