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