Towing Issues: Towing in front of a fire hydrant with no red curb and no, no parking signs., fire hydrant, lawful possession

Question
I live in California. I left my truck at a friends house in a gated community with an HOA for the night on halloween.  The next morning it was towed for being within 15 feet of a fire hydrant.  It cost me $380 dollars to get it out of the tow yard. Ive talked to the HOA they have no rule against this. Is there any law saying I cant do this or did the tow company get alittle bit tow happy?  What can I do to get my money back? Thank You

Answer
Well if it was towed for the fire hydrant violation, then it is a legal tow.  As to getting your money back, I guess you would have to prove that you were 15 feet, 1 inch or more away or find a judge you could convince that you were wronged.

Here is the California law which does mention the distance from the fire hydrant...



****************************

Removal Prohibited
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.

Amended Sec. 5, Ch. 609, Stats. 2006. Effective January 1, 2007.



****************


(link to the law,   http://www.dmv.ca.gov/pubs/vctop/d11/vc22953.htm   )