CVC 22651 and bike lanes?

[Richard Masoner]

Palo Alto police say they have no authority to tow a vehicle that's
parked about three feet from the curb and well into the (doorzone)
bike lane. The car in question has apparently been sitting there for a
couple of weeks now.

Wouldn't CVC 22651(b) apply?

"A peace officer ... may remove a vehicle located within the
territorial limits in which the officer or employee may act, under the
following circumstances: When a vehicle is parked or left standing
upon a highway in a position so as to obstruct the normal movement of
traffic or in a condition so as to create a hazard to other traffic
upon the highway."

Thoughts?

Richard Masoner

[Bob Shanteau]

On 9/7/2012 2:10 PM, Richard Masoner wrote:
> Palo Alto police say they have no authority to tow a vehicle that's parked about three feet from the curb and well into the (doorzone) bike lane. The car in question has apparently been sitting there for a couple of weeks now.
>
> Wouldn't CVC 22651(b) apply?

Yes. Also 22651(k) prohibits parking for more than 72 hours (although
enforcing that provision usually requires a call to the abandoned
vehicle squad - the City's web page lists their hotline as: (650) 329-2258):

---
CVC 22651. 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 city, county, or
jurisdiction of a state agency in which a vehicle is located, may remove

a vehicle located within the territorial limits in which the officer or
employee may act, under the following circumstances:

(k) When a vehicle is parked or left standing upon a highway for 72
or more consecutive hours in violation of a local ordinance authorizing
removal.
---

And CVC 22502 prohibits parking more than 18 inches from the curb:

---
CVC 22502. (a) Except as otherwise provided in this chapter, a vehicle
stopped or parked upon a roadway where there are adjacent curbs shall be
stopped or parked with the right-hand wheels of the vehicle parallel
with and within 18 inches of the right-hand curb, except that a
motorcycle shall be parked with at least one wheel or fender touching
the right-hand curb. Where no curbs or barriers bound a two-way roadway,
right-hand parallel parking is required unless otherwise indicated.
---

Bob Shanteau

[CycleCA]

Most cities have a 72 hour parking ordinance, allowing them to tow any
vehicle parked on a city street for longer.

Bob

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[Richard Swent]

Palo Alto has a city ordinance prohibiting parking for more than 72 hours without moving.
I have notified police of seemingly abandoned vehicles and had them towed, eventually.
They will first chalk the tires and put a note on the windshield, then come back a few
days later. If the chalk and the note are still there they can ask to have it towed.

Rich

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