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Section 22651.9 Of Article 1. Authority To Remove Vehicles From California Vehicle Code >> Division 11. >> Chapter 10. >> Article 1.
22651.9
. (a) Any peace officer, as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2 of the Penal Code,
or any regularly employed and salaried employee, who is engaged in
directing traffic or enforcing parking laws and regulations, of a
city, county, or city and county in which a vehicle is located, may
remove a vehicle located within the territorial limits in which the
officer or employee may act when the vehicle is found upon a street
or any public lands, if all of the following requirements are
satisfied:
(1) Because of a sign or placard on the vehicle, it appears that the primary purpose of parking the vehicle at that location is to advertise to the public the private sale of that vehicle.
(2) Within the past 30 days, the vehicle is known to have been previously issued a notice of parking violation, under local ordinance, which was accompanied by a notice containing all of the following:
(A) A warning that an additional parking violation may result in the impoundment of the vehicle.
(B) A warning that the vehicle may be impounded pursuant to this section, even if moved to another street, so long as the signs or placards offering the vehicle for sale remain on the vehicle.
(C) A listing of the streets or public lands subject to the resolution or ordinance adopted pursuant to paragraph (4), or if all streets are covered, a statement to that effect.
(3) The notice of parking violation was issued at least 24 hours prior to the removal of the vehicle.
(4) The local authority of the city, county, or city and county has, by resolution or ordinance, authorized the removal of vehicles pursuant to this section from the street or public lands on which the vehicle is located.
(b) Section 22852 applies to the removal of any vehicle pursuant to this section.
(1) Because of a sign or placard on the vehicle, it appears that the primary purpose of parking the vehicle at that location is to advertise to the public the private sale of that vehicle.
(2) Within the past 30 days, the vehicle is known to have been previously issued a notice of parking violation, under local ordinance, which was accompanied by a notice containing all of the following:
(A) A warning that an additional parking violation may result in the impoundment of the vehicle.
(B) A warning that the vehicle may be impounded pursuant to this section, even if moved to another street, so long as the signs or placards offering the vehicle for sale remain on the vehicle.
(C) A listing of the streets or public lands subject to the resolution or ordinance adopted pursuant to paragraph (4), or if all streets are covered, a statement to that effect.
(3) The notice of parking violation was issued at least 24 hours prior to the removal of the vehicle.
(4) The local authority of the city, county, or city and county has, by resolution or ordinance, authorized the removal of vehicles pursuant to this section from the street or public lands on which the vehicle is located.
(b) Section 22852 applies to the removal of any vehicle pursuant to this section.
