Forum Discussion
udidwht
Jun 10, 2018Explorer
Rice wrote:udidwht wrote:
'The vehicle has been issued a notice of parking violation, and 96 hours have elapsed since the issuance of that notice.'
Catch word...and
No, I asked for language that says that the "notice and 96 hours" applies in situations where appropriate signage has been posted, and what you quote doesn't say that.
The "notice and 96 hours" is just one of the circumstances in which vehicles on private property can be towed. The Code says vehicles may be towed "under any of the following circumstances" and lists four distinct situations, which are independent of each other:
1. If appropriate signage exists
2. the one you keep citing about notice and 96 hours
3. If a vehicle is inoperable and the cops have been called and 24 hours has elapsed since the cops were called
4. The property where the vehicle is parked has been improved with a single family dwelling
So a vehicle can be towed if circumstance 1 exists OR if circumstance 2 exists OR if circumstance 3 exists OR if circumstance 4 exists.
It says "any of the following circumstances," not "all of the following circumstances," and definitely not "any of the following circumstances except #2 applies to some or all of the others."
If there is appropriate signage (circumstance 1), then the 96 hours (circumstance 2) doesn't apply.
That is what the words say, plus your insistence that the 96 hours applies to all the situations doesn't make sense when one of the situations has a 24-hour provision. In cases of internal inconsistencies or conflicts, laws will acknowledge them by saying something like "Notwithstanding the provisions in Section X ..." That the legislature didn't do that here shows that the 96 hours doesn't apply because otherwise they would have to explain away the conflict.
And really? A homeowner has to wait 96 hours to have a car towed out of his driveway? If you think the 96 hours applies to circumstance 1 (appropriate signage exists), then it also has to apply to circumstance 4 (parked in a driveway at somebody's house). That's a ridiculous conclusion.
The language clearly says that any one of the four circumstances listed will support towing, and having one of them apply to the other three leads to nonsense conclusions.
Also, you could spend a little time looking at various tow company and law firm websites, not to mention discussion forums, that address towing cars on private property in California, and you'll find that they don't agree with you. That's because the language is clear: vehicles can be towed if any one of those circumstances exists, and one of them is that the property owner has erected the proper signage. If the signs are there, the property owner doesn't have to give notice (actually, he's already given notice via the signs) and he doesn't have to wait 96 hours before having a vehicle towed; that requirement is in a separate provision, distinct from the one about proper signage.
I honestly don't know how to make it any clearer to you (and hopefully to anyone who believes they can park on whatever private property they want as long as they don't exceed 96 hours because you say so).
A homeowners property is entirely different than a property that is leased such as a business establishment with 'public' parking lot/s. When a business decides to have (X) security/and/or person to enforce parking rules and those rules start with the issuance of parking citation then they must also wait the duration.
Signage is a mere legal formality to allow those parking to know that they may be towed for....(much like having a 'Beware of dog' sign on your property if you own a dog.) Guess what happens when someone is bit and you have no signage?
As I said to 99.9% of us CVC 22658 will never apply (long gone). To the remaining small percent many don't want the hassle and reluctantly pay and off they go.
I occasionally will recite passages of (22658) to the hunky dory security rock watcher and they reluctantly walk off in frustration. Tow drivers are the last to go to regarding the CVC. They work for profit and have only (1) thing on their mind and isn't the CVC.
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