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An officer may remove a motor vehicle from a highway or from public or private property under the following circumstances:

(1) 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.

(2) When a vehicle is found upon a highway or public land and a report has previously been made that the vehicle is stolen or a complaint has been filed and a warrant thereon is issued charging that the vehicle is embezzled.

(3) When a vehicle is illegally parked so as to block the entrance to a private driveway and it is impractical to move the vehicle from in front of the driveway to another point on the highway.

(4) When a vehicle is illegally parked so as to prevent access by firefighting equipment to a fire hydrant and it is impracticable to move the vehicle from in front of the fire hydrant to another point on the highway.

(5) When the person in charge of a vehicle upon a highway or public land is, by reason of physical injuries or illness, incapacitated to an extent so as to be unable to provide for its custody or removal.

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

(7) When an officer arrests a person driving or in control of a vehicle for an alleged offense and the officer is, by this code or other law, required or permitted to take, and does take, the person into custody.

(8) When an officer serves a notice of an order of suspension or revocation and there is not another licensed driver to release the vehicle.

(9) When an officer issues a citation for driving on a suspended license or the driver is an unlicensed driver and there is not another licensed driver to take possession of the vehicle.

(10) When any vehicle is found upon a highway or public or private property and an officer has probable cause to believe that the vehicle was used as the means of committing a public offense.

(11) When any vehicle is found upon a highway or public or private property and a peace officer has probable cause to believe that the vehicle is itself evidence which tends to show that a crime has been committed or that the vehicle contains evidence, which cannot readily be removed, which tends to show that a crime has been committed.

(12) When the vehicle involved has been involved in a hit and run accident whether or not the vehicle is on public or private property and an officer has probable cause to believe that the vehicle was involved in the accident.

(13) When any vehicle is found upon a highway or public or private property and an officer has probable cause to believe that the vehicle was used as the means of committing a public offense.

(14) When any vehicle is found upon a highway or public or private property and a peace officer has probable cause to believe that the vehicle is itself evidence which tends to show that a crime has been committed or that the vehicle contains evidence, which cannot readily be removed, which tends to show that a crime has been committed.

(15) When the vehicle involved has been involved in a hit and run accident whether or not the vehicle is on public or private property and an officer has probable cause to believe that the vehicle was involved in the accident.

Commentary: This provision is generally based on California Vehicle Code Section 22655. If there is any conflict between this provision and the California Vehicle Code, this code shall supersede the California Vehicle Code.

[Ord. 12-15-2021B § 17.101, 2021.]