Towing Issues: Tow from Apartment Complex, traffic control device, dmv ca

Question
QUESTION: The Tow happened in Redlands, Ca.  It was 11:30 at night and there were currently no available spots.  I parked behind my other car in front of my garage and part of my truck was in a red zone. (Not a marked fire lane, just a red curb)  The apartment complex did not call the tow company, the tow company just cruised the complex on there own.  Was there tow legal?

ANSWER: Well, patrol or roam towing (cruise the lots) is allowed still in California for patrolling fire lanes... And as a rule, areas behind the garages is considered fire lanes...  Now Red curbs mean no parking and are generally associated with fire lanes and as such get towed...
Now I know this sounds stupid but it also depends on the complex management when they sign the contracts with the tow company, but they determine the rules and what constitutes a "towable offence"

Some places, be it 1 inch into the red zone it goes, some are more tolerant and allow a bit of leeway...

But it sounds to me as a legal tow.



---------- FOLLOW-UP ----------

QUESTION: Now I don't know the tow laws I do know that a fire lane must be marked as a fire lane. Red paint with contrast letters stating "Fire Lane"  Also, I thought a manager or owner of the private property had to sign the authorization for the tow.  A blanket authorization is not allowed. Per CVC Section 22658.

Answer
Fire lane markings are listed here,

http://www.dmv.ca.gov/pubs/vctop/d11/vc22500_1.htm

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Additional Prohibited Stopping, Standing, or Parking: Fire Lane
22500.1.  In addition to Section 22500, no person shall stop, park, or leave standing any vehicle, whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the directions of a peace officer or official traffic control device along the edge of any highway, at any curb, or in any location in a publicly or privately owned or operated off-street parking facility, designated as a fire lane by the fire department or fire district with jurisdiction over the area in which the place is located.

The designation shall be indicated (1) by a sign posted immediately adjacent to, and visible from, the designated place clearly stating in letters not less than one inch in height that the place is a fire lane, (2) by outlining or painting the place in red and, in contrasting color, marking the place with the words "FIRE LANE", which are clearly visible from a vehicle, or (3) by a red curb or red paint on the edge of the roadway upon which is clearly marked the words "FIRE LANE".

Amended Ch. 129, Stats. 1984. Effective May 21, 1984.
 
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now one problem with painted markings on the pavements is that they do wear off due to vehicle traffic or get covered with leaves and dirt.  I am not trying to make excuses, but that does happen. It is also part of the apartment complex maintenance to keep those markings visible.


Now as to removal from fire lanes you do have this section also to follow...
 
http://www.dmv.ca.gov/pubs/vctop/d11/vc22953.htm

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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.

 
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The big problem is that there are so many laws which affect this kind of parking, and as such it does create problems and issues with understanding the legal aspects of the business...

and way down in the sections of VC 22658 is this section...


"(E) (i) General authorization to remove or commence removal of a vehicle at the towing company’s discretion shall not be delegated to a towing company or its affiliates except in the case of a vehicle unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner which interferes with an entrance to, or exit from, the private property."