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Ord 120ORDINANCE NO. 120 AN ORDINANCE CF THE CITY CF POWAY, CALIFORNIA AUTHORIZING R~v~DVAL OF A VEHICLE FRCM PRIVATE PROPERTY WT~.REAS, California Vehicle Code Section 22658 provides for a method of removal of a vehicle parked on private property without the permission or con- sent of the c~ner or person in lawful possession of such property; and WHEREAS, the City Council has determined that the protection of the rights of private property owners and the public requires the adoption of the following regulations to assist private property owners in removing vehicles parked on private property without the permission or consent of the owner or person in lawful possession of such property. NOW, THEREFORE, BE IT ORDAINR. D by the City Council of the City of Poway as follows: Section 1. Prohibition of Parking on Private Property No person shall park a vehicle on private property without the consent or per- mission of the owner or person in lawful possession of such property. Section 2. Removal of Vehicle Parked on Private Property. The owner or person in lawful possession of any private property may, subsequent to notifying, by telephone or, if impractical, by the most expeditious m~ns available, the county sheriff, cause the removal of a vehicle parked on such property to the nearest public garage, if there is displayed, in plain view at all City approved entrances to the property, or if none exists at least one (1) sign per street frontage, a sign prohibiting public parking and indicating that vehicles will be removed at the owner's expense, and containing the telephone number of the local office of the Sheriff of San Diego County. Section 3. Size of Sign The sign prohibiting public parking shall be eighteen (18) inches by twenty-four (24) inches in size and sb~ll clearly state the following: Public Parking is Prohibited Unauthorized Vehicles will be Towed Away at Owner's Expense Poway Sheriff's Department - 748-7400 CVC22658 Section 4. Notice to Owner of Vehicle The person causing removal of such vehicle shall, 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 legal owner thereof, ~,,~iately give, or cause to be given, notice in writing to the registered and legal owner of the Ordinance No. 120 Page 2 fact of such removal, the grounds for the removal, and indicate the place to which the vehicle has ~_c.n removed. In the event 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 at the time of removal if applicable. 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 reaDval of a vehicle shall oa~ly with the requirements of Section 22853 of the California Vehicle Code relating to notice in the same manner as applicable to an officer removing a vehicle frc~ private property. Section 5. This ordinance shall take effect and be in force thirty (30) days after the date of its passage; and before the expiration of fifteen (15) days after its passage, it shall be published once with the names and members voting for and against the same in the Poway News Chieftain, a newspaper of general circulation published in the City of Poway. Introduced and first read at a regular meeting of the City Council of the City of Poway held the 17th day of Janaury, 1984, and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held the 24th day of January, 1984, by the following roll call vote: KRUSE, SHRPARDSON, TARZY, ORAVEC NONE Linda Oravec, Mayor Marjori~. Wahlsten, City Clerk