Section 22651.7 Of Article 1. Authority To Remove Vehicles From California Vehicle Code >> Division 11. >> Chapter 10. >> Article 1.
22651.7
. (a) In addition to, or as an alternative to, removal, a
peace officer, as defined in Chapter 4.5 (commencing with Section
830) of Title 3 of Part 2 of the Penal Code, or a regularly employed
and salaried employee who is engaged in directing traffic or
enforcing parking laws and regulations, of a jurisdiction in which a
vehicle is located may immobilize the vehicle with a device designed
and manufactured for the immobilization of vehicles, on a highway or
any public lands located within the territorial limits in which the
officer or employee may act if the vehicle is found upon a highway or
public lands and it is known to have been issued five or more
notices of parking violations that are delinquent because the owner
or person in control of the vehicle has not responded to the agency
responsible for processing notices of parking violation within 21
calendar days of notice of citation issuance or citation issuance or
14 calendar days of the mailing of a notice of delinquent parking
violation, or the registered owner of the vehicle is known to have
been issued five or more notices for failure to pay or failure to
appear in court for traffic violations for which no certificate has
been issued by the magistrate or clerk of the court hearing the case
showing that the case has been adjudicated or concerning which the
registered owner's record has not been cleared pursuant to Chapter 6
(commencing with Section 41500) of Division 17. The vehicle may be
immobilized until that person furnishes to the immobilizing law
enforcement agency all of the following:
(1) Evidence of his or her identity.
(2) An address within this state at which he or she can be
located.
(3) Satisfactory evidence that the full amount of parking
penalties has been deposited for all notices of parking violation
issued for the vehicle and any other vehicle registered to the
registered owner of the immobilized vehicle and that bail has been
deposited for all traffic violations of the registered owner that
have not been cleared. The requirements in this paragraph shall be
fully enforced by the immobilizing law enforcement agency on and
after the time that the Department of Motor Vehicles is able to
provide access to the necessary records. A notice of parking
violation issued to the vehicle shall be accompanied by a warning
that repeated violations may result in the impounding or
immobilization of the vehicle. In lieu of furnishing satisfactory
evidence that the full amount of parking penalties or bail, or both,
have been deposited that person may demand to be taken without
unnecessary delay before a magistrate, for traffic offenses, or a
hearing examiner, for parking offenses, within the county in which
the offenses charged are alleged to have been committed and who has
jurisdiction of the offenses and is nearest or most accessible with
reference to the place where the vehicle is immobilized. Evidence of
current registration shall be produced after a vehicle has been
immobilized or, at the discretion of the immobilizing law enforcement
agency, a notice to appear for violation of subdivision (a) of
Section 4000 shall be issued to that person.
(b) A person, other than a person authorized under subdivision
(a), shall not immobilize a vehicle.