Certain Property Removals  

One-Hour Rule

22953(a): Every owner or person in lawful possession of any private property which is held open to the public, or a discernible portion thereof, for parking of vehicles at no fee, shall not tow or remove, or cause the towing or removal, of any vehicle within one hour of the vehicle being parked. (b) Notwithstanding subdivision (a), a vehicle may be removed immediately after being illegally parked within 15 feet of a fire hydrant, in a fire lane, or in a parking space or stall legally designated for disabled persons. (c) Subdivision (a) does not apply to property designated for parking at an apartment complex, or to property designated for parking at a hotel or motel where the parking stalls or spaces are clearly marked for a specific room. (d) It is the intent of the Legislature in the adoption of subdivision (a) to avoid causing the unnecessary stranding of motorists and placing them in dangerous situations, when traffic citations and other civil remedies are available, thereby promoting the safety of the general public. (e) A person who violates subdivision (a) is civilly liable to the owner of the vehicle or his or her agent for two times the amount of the towing and storage charges.

22658 (l)(1)D): A towing company shall not remove or commence the removal of a vehicle from private property described in subdivision (a) of Section 22953 unless the towing company has made a good faith inquiry to determine that the owner or the property owner's agent complied with Section 22953.

40000.15 of the Vehicle Code is amended to read: A violation of any of the following provisions shall constitute a misdemeanor, and not an infraction: Subdivision (g), (j), (k), (l), or (m) of Section 22658, relating to unlawfully towed or stored vehicles. 

Analysis
The language in 22953(a) referenced above is also contained in the existing law. The definition of what constitutes “any private property which is held open to the public, or a discernible portion thereof, for parking of vehicles at no fee” has been an issue of debate for some time. The new law is silent on this issue, providing no guidance. One interpretation, popular with vehicle owners and police agencies, holds that it is meant to include any private property not classified as residential. Another interpretation holds that any property that is posted with signage that prohibits open public parking and displays language stating, for example, “Customer Parking Only While Shopping” or “Joe’s Eatery Patrons Only, 30-Minute Limit”, etc. may satisfy notice requirements that the property is not held open for general public use. This interpretation is supported by a ruling by the California Court of Appeal, Fourth District,  in The People v. Charles James, et al(122 Cal.App.3rd 25).
The new law requires a towing firm to make a good faith inquiry to determine that the owner or the property owner's agent complied with Section 22953 (Subd. (1)(l)(D)) and prohibits a towing firm from removing a vehicle in the absence of an affirmation of compliance from the property owner/agent.

Western Towing Solution

Western Towing strongly recommends that property owners/managers seek legal counsel in interpreting the provisions in these new subdivisions prior to establishing removal policies.

Western Towing must make a good faith inquiry to the person causing a removal regarding compliance with CVC 22953 prior to removing a vehicle from certain private property. Failure to comply can result in a criminal misdemeanor charge against a towing operator (CVC 40000.15).

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