Forum Discussion
udidwht
Jun 09, 2018Explorer
Rice wrote:udidwht wrote:
Parking lot will do. Vehicles can not be towed from a lot until:
1. Parking notice issued
2. 96 hours have passed
The only exception to this would be fire lane violation. That is from the California vehicle code 22658
That is simply not true. The Vehicle Code says that vehicles may be towed "under any of the following circumstances," and your 96 hours after a notice is issued is just one of them. The others are:
If appropriate signage is posted, or
If the vehicle can't safely be driven on the highways (and other conditions have been met), or
If the vehicle is on property that is improved by a single family dwelling.
Those "vehicles will be towed at owner's expense" signs are everywhere in California, and allow towing to take place immediately and without notice, contrary to what you claim.udidwht wrote:
Cities can not differentiate and/or make distinctions between surface streets/road/s and/or highways. The California vehicle code encompasses them all and is considered the 'Bible' in terms of what to refer to when an officer has a need to know.
I hope the officer does a better job of reading the code than you did.
But I think you are misunderstanding my point, partly because you're (wrongly) getting hung up on the word "oversized." Cities aren't legislating what an oversized vehicle is, or attempting to re-define what is considered an oversized vehicle in the Vehicle Code (and note that the Vehicle Code doesn't actually use that term). The cities are just using that term as a shorthand to describe the vehicles that aren't allowed to park on streets during certain hours, whether they're RVs, commercial buses, or a big van used as a daily driver by a family of 10.
There simply isn't a conflict between the city ordinances and the California Vehicle Code.
You'll be very hard pressed to have anyone tow you until the allotted amount of time has passed. Your misinterpreting the code. It is simply illegal to tow a vehicle immediately and without notice (ex. fire-lane violation)
You'll also not likely ever encounter an officer on scene due to lots generally not being city property. Cities can not make use of the word 'Oversize' without defining what oversize is. This is where the CVC comes into play. Which is where your misunderstanding it. And yes it's in the CVC. How else do you think CHP & city officers officers deal with large oversized vehicles on roads/highways? They will always refer to the vehicle code.
City ordinances must fall in line with state law/s. In this case the California vehicle code. Officers are very limited when it comes to private property. Cities as well. Just because the city may have an ordinance doesn't mean the ordinance is legal. Hence the 9th circus ruling in California.
Yes I typed circus. The 9th has been long referred to as a circus.
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