BILL NUMBER: AB 2210	CHAPTERED
	BILL TEXT

	CHAPTER  609
	FILED WITH SECRETARY OF STATE  SEPTEMBER 29, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 29, 2006
	PASSED THE ASSEMBLY  AUGUST 30, 2006
	PASSED THE SENATE  AUGUST 29, 2006
	AMENDED IN SENATE  AUGUST 24, 2006
	AMENDED IN SENATE  AUGUST 10, 2006
	AMENDED IN SENATE  AUGUST 7, 2006
	AMENDED IN SENATE  JUNE 29, 2006
	AMENDED IN SENATE  JUNE 27, 2006
	AMENDED IN SENATE  JUNE 13, 2006
	AMENDED IN ASSEMBLY  MAY 26, 2006
	AMENDED IN ASSEMBLY  MAY 8, 2006
	AMENDED IN ASSEMBLY  MAY 1, 2006

INTRODUCED BY   Assembly Member Goldberg
   (Principal coauthor: Assembly Member Torrico)
   (Coauthors: Assembly Members Koretz and Niello)

                        FEBRUARY 22, 2006

   An act to amend Sections 21100, 22651.7, 22658, 22953, and
40000.15 of, and to repeal Section 22658.2 of, the Vehicle Code,
relating to vehicles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2210, Goldberg  Tow trucks: regulating.
   (1) Existing statutory law authorizes a city or county to adopt
rules and regulations by ordinance or resolution regarding, among
other things, licensing and regulating the operation of tow truck
service or tow truck drivers whose principal place of business or
employment is within the jurisdiction of that local authority, except
as specified.
   This bill would express certain legislative findings regarding the
safety and welfare of the general public as being promoted in
allowing local authorities to license and regulate tow truck service
companies and their operators.
   (2) Existing law requires a towing company to remove a vehicle
parked on private property to the nearest public garage under
specific circumstances if, among other things, the property owner or
lessee's prior written authorization is obtained and imposes certain
duties on the property owner or lessee, the tow truck company, and
the storage facilities and their operators. Under existing law, civil
causes of action are established for violating these provisions and
it is an infraction, under the Vehicle Code, for a person to violate,
or fail to comply with the Vehicle Code or a local ordinance adopted
pursuant to the Vehicle Code.
   This bill would substantially recast these provisions by
requiring, among other things, that the property owner or lessee
include the name and telephone number of each towing company that is
a party to a written general towing authorization with that person,
that the described written authorization from the property owner or
the lessee contain certain specific information, and that the tow
truck operator, notify the registered and legal owner of the fact of
the removal of a vehicle, the grounds for the removal, and the place
where the vehicle has been removed, under specified conditions. The
bill would also require the towing company to provide a photocopy, as
specified, of the written authorization to the vehicle owner or an
agent of that owner, when that person claims the vehicle and prior to
payment, would prohibit a towing company from removing or commencing
the removal of a vehicle from certain private property unless the
towing company has made a good faith inquiry to determine that the
owner or the property owner's agent complied with certain statutory
restrictions regarding the removal of a vehicle from certain private
property. The bill would require a towing company to maintain certain
records. The bill would make a violation of these provisions, an
infraction or a misdemeanor, thereby imposing a state-mandated local
program by creating new crimes, and subject to civil actions.
   The bill would require, upon a vehicle owner's request, a towing
company or its driver to immediately and unconditionally release a
vehicle that is not yet removed from private property and in transit.
The bill would make it a misdemeanor to violate this requirement and
to knowingly charge a vehicle owner a towing, service, or charge
that exceeds statutorily imposed rates, thereby imposing a
state-mandated local program by creating new crimes.
    This bill would require a towing operator to make available for
inspection and copying, his or her rate approved by the California
Highway Patrol within 24 hours of a request to specified entities.
The bill would make it a misdemeanor to violate this requirement,
thereby imposing a state-mandated local program by creating new
crimes.
   The bill would require an owner or the owner's authorized agent of
a vehicle that has been released, as described above, to immediately
move that vehicle to a lawful location. Because the failure to
comply with this requirement would be a crime, this bill would impose
a state-mandated local program.
   This bill would require a person operating or in charge of a
storage facility to conspicuously display in that portion of the
office where business is conducted with the public a notice advising
that all valid credit cards, as defined, and cash are acceptable
means of payment.
   The bill would make the failure to comply with these display
requirements or to fail to accept valid credit card or cash payments
a misdemeanor, thereby, imposing a state-mandated local program by
creating new crimes.
   This bill would require a towing company that removes a vehicle
from private property to notify the local law enforcement agency of
the tow after the vehicle is removed from the private property and is
in transit. The bill would subject the towing company to civil
liability to the registered owner of the vehicle, or his or her
agent, if the towing company fails to notify the local law
enforcement agency within 30 minutes of the removal. The bill would
provide that a towing company is guilty of a misdemeanor if the
towing company fails to notify the local law enforcement agency
within 60 minutes after that removal or 15 minutes after the towed
vehicle arrives at a storage facility, whichever is less, thereby
imposing a state-mandated local program by creating a new crime. The
bill would provide a towing company with an affirmative defense if
the required notification is impracticable, in which case the time
for notification is tolled for the period in which the notification
is impracticable.
   The bill would express the intent of the Legislature regarding
vehicle possession and promoting the safety of the general public,
and would specify that the remedies, sanctions, restrictions, and
procedures provided in these provisions are not exclusive and are in
addition to other remedies, sanctions, restrictions, or procedures
that may be provided in other provisions of law.
   This bill would require that a vehicle removed from private
property be stored in a storage facility that meets specified
requirements. Because the failure to comply with these requirements
would be a crime, the bill would impose a state-mandated local
program.
   (3) Existing law authorizes a peace officer, as defined, or a
regularly employed and salaried employee who is engaged in directing
traffic or enforcing parking laws and regulations of the jurisdiction
in which a vehicle is located, to immobilize the vehicle that is
located on a highway or public lands located within the territorial
limits in which the officer or employee may act, if the vehicle is
found upon a highway or the public lands and certain factors are
known to exist regarding the vehicle or the registered owner.
   This bill would expressly provide that the above-described
authorization does not authorize a person, other than a person
expressly authorized above, to immobilize a vehicle.
   (4) Existing law limits a towing company to imposing a charge of
not more than 1/2 of the regular towing charge for the towing of a
vehicle at the request of the owner of private property or that owner'
s agent if the owner of the vehicle or the vehicle owner's agent
returns to the vehicle before it is removed from the private
property.
   This bill would recast that provision to limit a towing company
to1/2 of the regular towing charge of a vehicle that is towed at the
request of the owner, the owner's agent, or the person in lawful
possession of the private property if the owner of the vehicle or the
vehicle owner's agent returns to the vehicle after the vehicle is
coupled to the tow truck, as specified, or is lifted off the ground
by means of conventional trailer, and before it is removed from the
private property.
   (5) Existing law prohibits an owner or person in lawful possession
of private property that is held open to the public, or a
discernible portion thereof, for parking of vehicles at no fee, from
towing or removing, or causing the towing or removal, of a vehicle
within one hour of the vehicle being parked, except as excluded.
   This bill would exclude from this prohibition a vehicle that is
parked in a manner that interferes with an entrance to, or exit from,
the private property.
   This bill would also express legislative intent regarding
promoting the safety of the general public, and would allow for a
civil cause of action upon a violation of the above prohibition.
  (6) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 21100 of the Vehicle Code is amended to read:
   21100.  Local authorities may adopt rules and regulations by
ordinance or resolution regarding the following matters:
   (a) Regulating or prohibiting processions or assemblages on the
highways.
   (b) Licensing and regulating the operation of vehicles for hire
and drivers of passenger vehicles for hire.
   (c) Regulating traffic by means of traffic officers.
   (d) Regulating traffic by means of official traffic control
devices meeting the requirements of Section 21400.
   (e) Regulating traffic by means of a person given temporary or
permanent appointment for that duty by the local authority whenever
official traffic control devices are disabled or otherwise
inoperable, at the scenes of accidents or disasters, or at locations
as may require traffic direction for orderly traffic flow.
   A person shall not be appointed pursuant to this subdivision
unless and until the local authority has submitted to the
commissioner or to the chief law enforcement officer exercising
jurisdiction in the enforcement of traffic laws within the area in
which the person is to perform the duty, for review, a proposed
program of instruction for the training of a person for that duty,
and unless and until the commissioner or other chief law enforcement
officer approves the proposed program. The commissioner or other
chief law enforcement officer shall approve a proposed program if he
or she reasonably determines that the program will provide sufficient
training for persons assigned to perform the duty described in this
subdivision.
   (f) Regulating traffic at the site of road or street construction
or maintenance by persons authorized for that duty by the local
authority.
   (g) (1) Licensing and regulating the operation of tow truck
service or tow truck drivers whose principal place of business or
employment is within the jurisdiction of the local authority,
excepting the operation and operators of any auto dismantlers' tow
vehicle licensed under Section 11505 or any tow truck operated by a
repossessing agency licensed under Chapter 11 (commencing with
Section 7500) of Division 3 of the Business and Professions Code and
its registered employees.
   (2) The Legislature finds that the safety and welfare of the
general public is promoted by permitting local authorities to
regulate tow truck service companies and operators by requiring
licensure, insurance, and proper training in the safe operation of
towing equipment, thereby ensuring against towing mistakes that may
lead to violent confrontation, stranding motorists in dangerous
situations, impeding the expedited vehicle recovery, and wasting
state and local law enforcement's limited resources.
   (3) Nothing in this subdivision shall limit the authority of a
city or city and county pursuant to Section 12111.
   (h) Operation of bicycles, and, as specified in Section 21114.5,
electric carts by physically disabled persons, or persons 50 years of
age or older, on the public sidewalks.
   (i) Providing for the appointment of nonstudent school crossing
guards for the protection of persons who are crossing a street or
highway in the vicinity of a school or while returning thereafter to
a place of safety.
   (j) Regulating the methods of deposit of garbage and refuse in
streets and highways for collection by the local authority or by any
person authorized by the local authority.
   (k) (1) Regulating cruising.
   (2) The ordinance or resolution adopted pursuant to this
subdivision shall regulate cruising, which is the repetitive driving
of a motor vehicle past a traffic control point in traffic that is
congested at or near the traffic control point, as determined by the
ranking peace officer on duty within the affected area, within a
specified time period and after the vehicle operator has been given
an adequate written notice that further driving past the control
point will be a violation of the ordinance or resolution.
   (3) A person is not in violation of an ordinance or resolution
adopted pursuant to this subdivision unless both of the following
apply:
   (A) That person has been given the written notice on a previous
driving trip past the control point and then again passes the control
point in that same time interval.
   (B) The beginning and end of the portion of the street subject to
cruising controls are clearly identified by signs that briefly and
clearly state the appropriate provisions of this subdivision and the
local ordinance or resolution on cruising.
   (l) Regulating or authorizing the removal by peace officers of
vehicles unlawfully parked in a fire lane, as described in Section
22500.1, on private property. A removal pursuant to this subdivision
shall be consistent, to the extent possible, with the procedures for
removal and storage set forth in Chapter 10 (commencing with Section
22650).
  SEC. 2.  Section 22651.7 of the Vehicle Code is amended to read:
   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.
  SEC. 3.  Section 22658 of the Vehicle Code is amended to read:
   22658.  (a) The owner or person in lawful possession of private
property, including an association of a common interest development
as defined in Section 1351 of the Civil Code, may cause the removal
of a vehicle parked on the property to a storage facility that meets
the requirements of subdivision (n) under any of the following
circumstances:
   (1) There is displayed, in plain view at all entrances to the
property, a sign not less than 17 inches by 22 inches in size, with
lettering not less than one inch in height, prohibiting public
parking and indicating that vehicles will be removed at the owner's
expense, and containing the telephone number of the local traffic law
enforcement agency and the name and telephone number of each towing
company that is a party to a written general towing authorization
agreement with the owner or person in lawful possession of the
property. The sign may also indicate that a citation may also be
issued for the violation.
   (2) The vehicle has been issued a notice of parking violation, and
96 hours have elapsed since the issuance of that notice.
   (3) The vehicle is on private property and lacks an engine,
transmission, wheels, tires, doors, windshield, or any other major
part or equipment necessary to operate safely on the highways, the
owner or person in lawful possession of the private property has
notified the local traffic law enforcement agency, and 24 hours have
elapsed since that notification.
   (4) The lot or parcel upon which the vehicle is parked is improved
with a single-family dwelling.
   (b) The tow truck operator removing the vehicle, if the operator
knows or is able to ascertain from the property owner, person in
lawful possession of the property, or the registration records of the
Department of Motor Vehicles the name and address of the registered
and legal owner of the vehicle, shall immediately give, or cause to
be given, notice in writing to the registered and legal owner of the
fact of the removal, the grounds for the removal, and indicate the
place to which the vehicle has been removed. If the vehicle is stored
in a storage facility, a copy of the notice shall be given to the
proprietor of the storage facility. The notice provided for in this
section shall include the amount of mileage on the vehicle at the
time of removal and the time of the removal from the property. If the
tow truck operator 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 tow truck
operator shall comply with the requirements of subdivision (c) of
Section 22853 relating to notice in the same manner as applicable to
an officer removing a vehicle from private property.
   (c) This section does not limit or affect any right or remedy that
the owner or person in lawful possession of private property may
have by virtue of other provisions of law authorizing the removal of
a vehicle parked upon private property.
   (d) The owner of a vehicle removed from private property pursuant
to subdivision (a) may recover for any damage to the vehicle
resulting from any intentional or negligent act of a person causing
the removal of, or removing, the vehicle.
   (e) (1) An owner or person in lawful possession of private
property, or an association of a common interest development, causing
the removal of a vehicle parked on that property is liable for
double the storage or towing charges whenever there has been a
failure to comply with paragraph (1), (2), or (3) of subdivision (a)
or to state the grounds for the removal of the vehicle if requested
by the legal or registered owner of the vehicle as required by
subdivision (f).
   (2) A property owner or owner's agent or lessee who causes the
removal of a vehicle parked on that property pursuant to the
exemption set forth in subparagraph (A) of paragraph (1) of
subdivision (l) and fails to comply with that subdivision is guilty
of an infraction, punishable by a fine of one thousand dollars
($1,000).
   (f) An owner or person in lawful possession of private property,
or an association of a common interest development, causing the
removal of a vehicle parked on that property shall notify by
telephone or, if impractical, by the most expeditious means
available, the local traffic law enforcement agency within one hour
after authorizing the tow. An owner or person in lawful possession of
private property, an association of a common interest development,
causing the removal of a vehicle parked on that property, or the tow
truck operator who removes the vehicle, shall state the grounds for
the removal of the vehicle if requested by the legal or registered
owner of that vehicle. A towing company that removes a vehicle from
private property in compliance with subdivision (l) is not
responsible in a situation relating to the validity of the removal. A
towing company that removes the vehicle under this section shall be
responsible for the following:
   (1) Damage to the vehicle in the transit and subsequent storage of
the vehicle.
   (2) The removal of a vehicle other than the vehicle specified by
the owner or other person in lawful possession of the private
property.
   (g) (1) (A) Possession of a vehicle under this section shall be
deemed to arise when a vehicle is removed from private property and
is in transit.
   (B) Upon the request of the owner of the vehicle or that owner's
agent, the towing company or its driver shall immediately and
unconditionally release a vehicle that is not yet removed from the
private property and in transit.
   (C) A person failing to comply with subparagraph (B) is guilty of
a misdemeanor.
   (2) If a vehicle is released to a person in compliance with
subparagraph (B) of paragraph (1), the vehicle owner or authorized
agent shall immediately move that vehicle to a lawful location.
   (h) A towing company may impose a charge of not more than one-half
of the regular towing charge for the towing of a vehicle at the
request of the owner, the owner's agent, or the person in lawful
possession of the private property pursuant to this section if the
owner of the vehicle or the vehicle owner's agent returns to the
vehicle after the vehicle is coupled to the tow truck by means of a
regular hitch, coupling device, drawbar, portable dolly, or is lifted
off the ground by means of a conventional trailer, and before it is
removed from the private property. The regular towing charge may only
be imposed after the vehicle has been removed from the property and
is in transit.
   (i) (1) (A) A charge for towing or storage, or both, of a vehicle
under this section is excessive if the charge exceeds the greater of
the following:
   (i) That which would have been charged for that towing or storage,
or both, made at the request of a law enforcement agency under an
agreement between a towing company and the law enforcement agency
that exercises primary jurisdiction in the city in which is located
the private property from which the vehicle was, or was attempted to
be, removed, or if the private property is not located within a city,
then the law enforcement agency that exercises primary jurisdiction
in the county in which the private property is located.
   (ii) That which would have been charged for that towing or
storage, or both, under the rate approved for that towing operator by
the California Highway Patrol for the jurisdiction in which the
private property is located and from which the vehicle was, or was
attempted to be, removed.
   (B) A towing operator shall make available for inspection and
copying his or her rate approved by the California Highway Patrol, if
any, with in 24 hours of a request without a warrant to law
enforcement, the Attorney General, district attorney, or city
attorney.
   (2) If a vehicle is released within 24 hours from the time the
vehicle is brought into the storage facility, regardless of the
calendar date, the storage charge shall be for only one day. Not more
than one day's storage charge may be required for a vehicle released
the same day that it is stored.
   (3) If a request to release a vehicle is made and the appropriate
fees are tendered and documentation establishing that the person
requesting release is entitled to possession of the vehicle, or is
the owner's insurance representative, is presented within the initial
24 hours of storage, and the storage facility fails to comply with
the request to release the vehicle or is not open for business during
normal business hours, then only one day's storage charge may be
required to be paid until after the first business day. A business
day is any day in which the lienholder is open for business to the
public for at least eight hours. If a request is made more than 24
hours after the vehicle is placed in storage, charges may be imposed
on a full calendar day basis for each day, or part thereof, that the
vehicle is in storage.
   (j) (1) A person who charges a vehicle owner a towing, service, or
storage charge at an excessive rate, as described in subdivision (h)
or (i), is civilly liable to the vehicle owner for four times the
amount charged.
   (2) A person who knowingly charges a vehicle owner a towing,
service, or storage charge at an excessive rate, as described in
subdivision (h) or (i), or who fails to make available his or her
rate as required in subparagraph (B) of paragraph (1) of subdivision
(i), is guilty of a misdemeanor, punishable by a fine of not more
than two thousand five hundred dollars ($2,500), or by imprisonment
in the county jail for not more than three months, or by both that
fine and imprisonment.
   (k) (1) A person operating or in charge of a storage facility
where vehicles are stored pursuant to this section shall accept a
valid credit card or cash for payment of towing and storage by a
registered owner or the owner's agent claiming the vehicle. "Credit
card" means "credit card" as defined in subdivision (a) of Section
1747.02 of the Civil Code, except for the purposes of this section,
credit card does not include a credit card issued by a retail seller.

    (2) A person described in paragraph (1) shall conspicuously
display, in that portion of the storage facility office where
business is conducted with the public, a notice advising that all
valid credit cards and cash are acceptable means of payment.
    (3) A person operating or in charge of a storage facility who
refuses to accept a valid credit card or who fails to post the
required notice under paragraph (2) is guilty of a misdemeanor,
punishable by a fine of not more than two thousand five hundred
dollars ($2,500), or by imprisonment in the county jail for not more
than three months, or by both that fine and imprisonment.
    (4) A person described in paragraph (1) who violates paragraph
(1) or (2) is civilly liable to the registered owner of the vehicle
or the person who tendered the fees for four times the amount of the
towing and storage charges.
   (5) A person operating or in charge of the storage facility shall
have sufficient moneys on the premises of the primary storage
facility during normal business hours to accommodate, and make change
in, a reasonable monetary transaction.
   (6) Credit charges for towing and storage services shall comply
with Section 1748.1 of the Civil Code. Law enforcement agencies may
include the costs of providing for payment by credit when making
agreements with towing companies as described in subdivision (i).
   (l) (1) (A) A towing company shall not remove or commence the
removal of a vehicle from private property without first obtaining
the written authorization from the property owner or lessee,
including an association of a common interest development, or an
employee or agent thereof, who shall be present at the time of
removal and verify the alleged violation, except that presence and
verification is not required if the person authorizing the tow is the
property owner, or the owner's agent who is not a tow operator, of a
residential rental property of 15 or fewer units that does not have
an onsite owner, owner's agent or employee, and the tenant has
verified the violation, requested the tow from that tenant's assigned
parking space, and provided a signed request or electronic mail, or
has called and provides a signed request or electronic mail within 24
hours, to the property owner or owner's agent, which the owner or
agent shall provide to the towing company within 48 hours of
authorizing the tow. The signed request or electronic mail shall
contain the name and address of the tenant, and the date and time the
tenant requested the tow. A towing company shall obtain within 48
hours of receiving the written authorization to tow a copy of a
tenant request required pursuant to this subparagraph. For the
purpose of this subparagraph, a person providing the written
authorization who is required to be present on the private property
at the time of the tow does not have to be physically present at the
specified location of where the vehicle to be removed is located on
the private property.
   (B) The written authorization under subparagraph (A) shall include
all of the following:
   (i) The make, model, vehicle identification number, and license
plate number of the removed vehicle.
   (ii) The name, signature, job title, residential or business
address and working telephone number of the person, described in
subparagraph (A), authorizing the removal of the vehicle.
   (iii) The grounds for the removal of the vehicle.
   (iv) The time when the vehicle was first observed parked at the
private property.
   (v) The time that authorization to tow the vehicle was given.
   (C) (i) When the vehicle owner or his or her agent claims the
vehicle, the towing company prior to payment of a towing or storage
charge shall provide a photocopy of the written authorization to the
vehicle owner or the agent.
   (ii) If the vehicle was towed from a residential property, the
towing company shall redact the information specified in clause (ii)
of subparagraph (B) in the photocopy of the written authorization
provided to the vehicle owner or the agent pursuant to clause (i).
   (iii) The towing company shall also provide to the vehicle owner
or the agent a separate notice that provides the telephone number of
the appropriate local law enforcement or prosecuting agency by
stating "If you believe that you have been wrongfully towed, please
contact the local law enforcement or prosecuting agency at (insert
appropriate telephone number)." The notice shall be in English and in
the most populous language, other than English, that is spoken in
the jurisdiction.
   (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.
   (E) (i) General authorization to remove or commence removal of a
vehicle at the towing company's discretion shall not be delegated to
a towing company or its affiliates except in the case of a vehicle
unlawfully parked within 15 feet of a fire hydrant or in a fire lane,
or in a manner which interferes with an entrance to, or exit from,
the private property.
   (ii) In those cases in which general authorization is granted to a
towing company or its affiliate to undertake the removal or commence
the removal of a vehicle that is unlawfully parked within 15 feet of
a fire hydrant or in a fire lane, or that interferes with an
entrance to, or exit from, private property, the towing company and
the property owner, or owner's agent, or person in lawful possession
of the private property shall have a written agreement granting that
general authorization.
   (2) If a towing company removes a vehicle under a general
authorization described in subparagraph (E) of paragraph (1) and that
vehicle is unlawfully parked within 15 feet of a fire hydrant or in
a fire lane, or in a manner that interferes with an entrance to, or
exit from, the private property, the towing company shall take, prior
to the removal of that vehicle, a photograph of the vehicle that
clearly indicates that parking violation. Prior to accepting payment,
the towing company shall keep one copy of the photograph taken
pursuant to this paragraph, and shall present that photograph and
provide, without charge, a photocopy to the owner or an agent of the
owner, when that person claims the vehicle.
   (3) A towing company shall maintain the original written
authorization, or the general authorization described in subparagraph
(E) of paragraph (1) and the photograph of the violation, required
pursuant to this section, and any written requests from a tenant to
the property owner or owner's agent required by subparagraph (A) of
paragraph (1), for a period of three years and shall make them
available for inspection and copying within 24 hours of a request
without a warrant to law enforcement, the Attorney General, district
attorney, or city attorney.
   (4) A person who violates this subdivision is guilty of a
misdemeanor, punishable by a fine of not more than two thousand five
hundred dollars ($2,500), or by imprisonment in the county jail for
not more than three months, or by both that fine and imprisonment.
   (5) A person who violates this subdivision is civilly liable to
the owner of the vehicle or his or her agent for four times the
amount of the towing and storage charges.
   (m) (1) A towing company that removes a vehicle from private
property under this section shall notify the local law enforcement
agency of that tow after the vehicle is removed from the private
property and is in transit.
   (2) A towing company is guilty of a misdemeanor if the towing
company fails to provide the notification required under paragraph
(1) within 60 minutes after the vehicle is removed from the private
property and is in transit or 15 minutes after arriving at the
storage facility, whichever time is less.
   (3) A towing company that does not provide the notification under
paragraph (1) within 30 minutes after the vehicle is removed from the
private property and is in transit is civilly liable to the
registered owner of the vehicle, or the person who tenders the fees,
for three times the amount of the towing and storage charges.

          (4) If notification is impracticable, the times for
notification, as required pursuant to paragraphs (2) and (3), shall
be tolled for the time period that notification is impracticable.
This paragraph is an affirmative defense.
   (n) A vehicle removed from private property pursuant to this
section shall be stored in a facility that meets all of the following
requirements:
   (1) (A) Is located within a 10-mile radius of the property from
where the vehicle was removed.
   (B) The 10-mile radius requirement of subparagraph (A) does not
apply if a towing company has prior general written approval from the
law enforcement agency that exercises primary jurisdiction in the
city in which is located the private property from which the vehicle
was removed, or if the private property is not located within a city,
then the law enforcement agency that exercises primary jurisdiction
in the county in which is located the private property.
   (2) (A) Remains open during normal business hours and releases
vehicles after normal business hours.
   (B) A gate fee may be charged for releasing a vehicle after normal
business hours, weekends, and state holidays.  However, the maximum
hourly charge for releasing a vehicle after normal business hours
shall be one-half of the hourly tow rate charged for initially towing
the vehicle, or less.
   (C) Notwithstanding any other provision of law and for purposes of
this paragraph, "normal business hours" are Monday to Friday,
inclusive, from 8 a.m. to 5 p.m., inclusive, except state holidays.
   (3) Has a public pay telephone in the office area that is open and
accessible to the public.
   (o) (1) It is the intent of the Legislature in the adoption of
subdivision (k) to assist vehicle owners or their agents by, among
other things, allowing payment by credit cards for towing and storage
services, thereby expediting the recovery of towed vehicles and
concurrently promoting the safety and welfare of the public.
   (2) It is the intent of the Legislature in the adoption of
subdivision (l) to further the safety of the general public by
ensuring that a private property owner or lessee has provided his or
her authorization for the removal of a vehicle from his or her
property, thereby promoting the safety of those persons involved in
ordering the removal of the vehicle as well as those persons
removing, towing, and storing the vehicle.
   (3) It is the intent of the Legislature in the adoption of
subdivision (g) to promote the safety of the general public by
requiring towing companies to unconditionally release a vehicle that
is not lawfully in their possession, thereby avoiding the likelihood
of dangerous and violent confrontation and physical injury to vehicle
owners and towing operators, the stranding of vehicle owners and
their passengers at a dangerous time and location, and impeding
expedited vehicle recovery, without wasting law enforcement's limited
resources.
   (p) The remedies, sanctions, restrictions, and procedures provided
in this section are not exclusive and are in addition to other
remedies, sanctions, restrictions, or procedures that may be provided
in other provisions of law, including, but not limited to, those
that are provided in Sections 12110 and 34660.
  SEC. 4.  Section 22658.2 of the Vehicle Code is repealed.
  SEC. 5.  Section 22953 of the Vehicle Code is amended to read:
   22953.  (a) An owner or person in lawful possession of private
property that is held open to the public, or a discernible portion
thereof, for parking of vehicles at no fee, or an employee or agent
thereof, shall not tow or remove, or cause the towing or removal, of
a 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, in a manner that interferes with an entrance
to, or an exit from, the private property, or in a parking space or
stall legally designated for disabled persons.
   (c) Subdivision (a) does not apply to property designated for
parking at residential property, 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.
  SEC. 6.  Section 40000.15 of the Vehicle Code is amended to read:
   40000.15.  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.
   Sections 23103 and 23104, relating to reckless driving.
   Section 23109, relating to speed contests or exhibitions.
   Subdivision (a) of Section 23110, relating to throwing at
vehicles.
   Section 23152, relating to driving under the influence.
   Subdivision (b) of Section 23222, relating to possession of
marijuana.
   Subdivision (a) or (b) of Section 23224, relating to persons under
21 years of age knowingly driving, or being a passenger in, a motor
vehicle carrying any alcoholic beverage.
   Section 23253, relating to directions on toll highways or
vehicular crossings.
   Section 23332, relating to trespassing.
   Section 24002.5, relating to unlawful operation of a farm vehicle.

   Section 24011.3, relating to vehicle bumper strength notices.
   Section 27150.1, relating to sale of exhaust systems.
   Section 27362, relating to child passenger seat restraints.
   Section 28050, relating to true mileage driven.
   Section 28050.5, relating to nonfunctional odometers.
   Section 28051, relating to resetting odometers.
   Section 28051.5, relating to devices to reset odometers.
   Subdivision (d) of Section 28150, relating to possessing four or
more jamming devices.
  SEC. 7.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.