MEMORAN
DUM
TO: Chris Burner
Foothill Gold Line Extension Construction Authority
FROM: Richard Gibson
DATE: April 10, 2025
RE: Metro A-Line Pre-Operations Parking Protection Recommendations Pomona
Station
Pomona,
California Ref: J1777
This memorandum was prepared to provide pre-
operation parking protection
recommendations for the area surrounding the future Pomona Metro A-Line station. It includes a brief summary of the work conduct to date that can be found in Parking Utilization and Protection Study Outline for the Foothill Gold Line Extension, Pomona, California (Gibson Transportation Consulting Inc., July 2020) (Protection Study). That study, as well as more recently conducted parking occupancy surveys, helped inform the parking protection recommendations, including descriptions of the various parking protection strategies. The intent of the recommendations is to protect and preserve existing public and private parking supplies from Metro A-Line parking demands and to encourage Metro A-Line riders to park in the facilities provided by Metro.
Additional parking occupancy surveys will be conducted after passenger service operations have begun to determine if the pre-operation parking protection strategies were effective and to identify any areas that are being impacted by parking demand from Metro A-Line riders.
PROTECTION STUDY SUMMARY
The Protection Study, briefly summarized below, surveyed and reviewed the public and private parking supplies in a 0.5-mile radius around the future Pomona station and outlined potential parking protection strategies that could be implemented before or after passenger service operations.
Figure 1 provides a general overview of the Metro A-Line extension from its current terminus in Azusa to Montclair; the current section under construction extends from Azusa to Pomona.
Figure 2 shows the location of the Pomona station platform and the location of the parking facility for the station. The location of these two facilities helps identify streets and parking lots that may be vulnerable to parking poaching by Metro A-Line riders. Figure 3 shows the public and private parking facilities within 0.5 miles of the station platform and any existing parking restrictions. Figure 4 shows the parking facilities that were included in the occupancy surveys and studied for potential implementation of parking protection strategies. Figures 1 through 4 were all included in the Protection Study and discussed in further detail in that study.
Attachment No. 1
Chris Burner
April 10, 2025
PARKING OCCUPANCY SURVEYS
As the Protection Study was completed in 2020, it was not appropriate to conduct parking occupancy surveys around the station given both the potential changes that may occur in the five years between the Protection Study and the station opening and the COVID-19 pandemic that altered travel patterns for much of 2020. Therefore, the occupancy surveys were conducted in October 2024, closer to the station opening when conditions were assumed to be similar to opening day.
The occupancy surveys measured parking demand at the facilities shown in Figure 4 during the midday in order to capture peak retail, office, and school parking demands. This helped identify parking facilities that are already utilized by local residents, employees, and students and may need protection from Metro A-Line riders that typically arrive earlier than those other users.
Figure 5 presents a graphical summary of the parking occupancy surveys. As shown, the majority of the parking supply experiences either low or m edium utilization in the middle of the day on a weekday, but there are several private lots (Lots 2, 3, and 4) and two public lots (Lot 1 and 2) in close proximity to the future station that are heavily utilized. Public Lot #1 will be utilized for Metro parking in the future and, therefore, does not require protection. Street parking in close proximity to the future station is generally heavily utilized; however, there is low utilization on many of the streets that are two to three blocks from the future station.
PRE-OPERATION PARKING PROTECTION RECOMMENDATIONS
A combination of proximity to the station platform and/or parking facilities were utilized in addition to the results of the parking occupancy surveys, to identify parking facilities that were potentially vulnerable to poaching from Metro A-Line riders. The pre-operation recommendations focus on protecting streets and parking lots in the immediate vicinity of the station platform. Protection strategies often require investment in signage and/or other equipment, as well as regular maintenance, enforcement and/or monitoring by police department personnel. As such, this analysis aimed to keep the recommended protection strategies to the minimum required to prevent parking poaching and limit up-front and on-going costs. It is also important to note that recommended strategies typically apply to all parked vehicles, as opposed to just Metro riders, so an overreaching protection strategy has the potential to affect more residents and visitors beyond the Metro riders.
Pre-operation parking protection recommendations for potentially impacted parking facilities are shown in Figure 6. As shown, four different strategies have been selected at specific locations for potential pre-operation implementation. Those strategies are discussed in detail below.
Add “No Metro Parking” Signage
A portion of the vulnerable parking facilities in close proximity to the station are private and public parking lots that can establish and enforce their own parking rules. These locations should install “No Metro Parking” signage at the entrance to their parking facilities that details vehicles in violation will be towed at the owners’ expense. As part of the Protection Study, a summary worksheet of laws and regulations pertaining to private parking lots was provided for City of Chris Burner
April 10, 2025
Pomona (City) and business owner information. “No Metro Parking” signage should be installed at the entrances to the parking facilities shown in pink in Figure 6 and listed below:
Private Parking Lots
Lots 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, and 13
Public Parking Lot
Lots 2 and 3
A copy of pertinent California Vehicle Code language regarding private lot enforcement is provided in the Attachment.
Three-Hour Parking Restrictions (morning)
Three-hour parking time limits that are in effect in the mornings only should be implemented at the locations shown in Figure 6 and detailed below. If the time limits are set to 7AM to 11 AM or 8 AM to Noon, or something similar, it will prev ent Metro riders who arrive prior to 8 AM or 9 AM from parking in those locations and allow employees or residents who arrive after 8 AM or 9 AM to park all day without violation. The time window should be developed based on the surrounding uses, i.e., typically industrial uses start earlier than other uses, a 7 AM to 11 AM window may be more appropriate for areas with higher industrial uses. Pre-operation implementation of three- hour parking restrictions should be considered at the following locations:
Public On-Street Parking Facilities
Garey Avenue between Bonita Avenue and Arrow Highway
Santa Fe Street between Supply Street and Pine Street Pine Street between Santa Fe Street and Arrow Highway Grevillia Street between Pine Street and Garey Avenue Fulton Road between 1
st Street and Arrow Highway
Monitor for Increased Activity
The locations shown in orange in Figure 6 should be closely monitored post-operation to see if parking demand increases substantially. These locations are not prime locations for parking for station access, but they do become the most convenient public parking locations if the other protection strategies discussed in this memorandum are implemented. These locations will be included in the post-operation parking occupancy surveys, but if immediate problems occur, additional three-hour parking restrictions may be necessary. The following locations should be closely monitored for future protection strategies:
Public On-Street Parking Facilities
Maple Avenue between railroad tracks and Arrow Highway Garey Avenue south of Arrow Highway
1
st Street west of Fulton Road (City of La Verne)
Chris Burner
April 10, 2025
Prepare Residential Parking Protection
Four residential neighborhoods and two street segments currently provide the most unrestricted street parking in the immediate vicinity of the future station facilities:
1. The neighborhood bounded by industrial developments to the north, Supply Street to the east, Arrow Highway to the south, and Fulton Road to the west
2. The neighborhood bounded by Magnolia Avenue to the north, Kimball Avenue to the east, Arrow Highway to the south, and Garey Avenue to the west
3. The neighborhood bounded by Arrow Highway to the north, Garey Avenue to the east, La Verne Avenue to the south, and Fulton Road to the west
4. The neighborhood bounded by Arrow Highway to the north, Orange Grove Avenue to the east, Freda Avenue to the south, and Garey Avenue to the west
5. Melbourne Avenue north and south of Bonita Avenue
6. Kimball Avenue south of Bonita Avenue
The neighborhood to the northwest of the station is in the City of La Verne and not within the purview of the City of Pomona.
Outreach to the community will be conducted to determine the protection strategy, or strategies, that will be acceptable to the residents. Strategies could include the following components:
“No Metro Parking” signage – Signs that discourage Metro parking could be placed within the residential neighborhoods but may have limited effect without additional enforcement.
Hourly parking restrictions – In neighborhoods with adequate off-street parking, hourly parking restrictions can be effective and not onerous on neighborhood residents. Three- hour parking restrictions similar to those described above could be implemented on residential streets.
Residential parking permit program – If the above strategies are not sufficient, or are deemed inappropriate, a residential parking permit program may be required.
Other strategies may be considered during the neighborhood outreach effort, but protection strategies should only be implemented with a majority of community support.
These streets will also be included in the post-operation parking occupancy surveys, but if the impacts are immediate and substantial, the City may consider implementation of the some of the protection strategies discussed above prior to the post-operations surveys and final recommendations.
FF
Chris Burner
April 10, 2025
NEXT STEPS AND FINAL REPORT
The City will review the recommendations detailed herein and implement any approved recommendations prior to the opening of the station. Immediately after station opening, the locations noted for monitoring will be reviewed to determine if significant issues are present and, if so, additional parking restrictions should be implemented as soon as possible. After the station has been open and in operation for six to 12 weeks, a post-operation parking occupancy survey will be conducted and compared to the pre-operations parking occupancy surveys to identify any locations that have been adversely impacted by Metro A-Line riders. If appropriate, additional parking protection recommendations will be made and a final study will be prepared detailing the entire process and final set of recommendations.
FOOTHILL GOLD LINE EXTENSION TO MONTCLAIR
FIGURE1
FIGURE2
Source: Advanced Conceptual Engineering. May, 2024.SITE PLANNNot to Scale 1/2 MILE1/4 MILE
FIGURE3NNot to Scale
LEGENDStation PlatformParking FacilitiesUnrestricted ParkingPublic Parking at RiskPrivate Parking at RiskNo ParkingExisting Parking RestrictionsPermit Parking EXISTING PARKING RESTRICTIONSW La Verne AveArmour StYorba DrFulton RdGlencoe WayGolden Carriage LnW Arrow HwyN Garey AveLas Vegas AveHeather WayE Arrow HwyMaple AveKimball AveE Magnolia StAcacia StPine StGentry StStare St1st StMadison AveTristania WayW Bonita AveFernpine LnPistacia LnCameron AveCanfield AveNeptune StCrabapple DrCasa Colima Hospital Pomona High SchoolMetrolink PlatformPomona Fairplex
1/2 MILE1/4 MILE12345768923121311011
FIGURE4
LEGENDStation PlatformParking FacilitiesOn-Street ParkingPublic Parking at RiskPrivate Parking at Risk FACILITIES INCLUDED IN PARKING STUDYNNot to Scale
W La Verne AveArmour StYorba DrFulton RdGlencoe WayGolden Carriage LnW Arrow HwyN Garey AveLas Vegas AveHeather WayE Arrow HwyMaple AveKimball AveE Magnolia StAcacia StPine StGentry StStare St1st StMadison AveTristania WayW Bonita AveFernpine LnPistacia LnCameron AveCanfield AveNeptune StCrabapple DrCasa Colima Hospital Pomona High SchoolMetrolink PlatformPomona Fairplex
1/2 MILE1/4 MILE12345768923121311011
FIGURE5NNot to ScalePARKING OCCUPANCY 12-11-2024
LEGENDStation PlatformHigh OccupancyPublic ParkingPrivate Parking##Medium OccupancyLow OccupancyParking FacilitiesW La Verne AveArmour StYorba DrFulton RdGlencoe WayGolden Carriage LnW Arrow HwyN Garey AveLas Vegas AveHeather WayE Arrow HwyMaple AveKimball AveE Magnolia StAcacia StPine StGentry StStare St1st StMadison AveTristania WayW Bonita AveFernpine LnPistacia LnCameron AveCanfield AveNeptune StCrabapple DrCasa Colima Hospital Pomona High SchoolMetrolink PlatformPomona Fairplex
1/2 MILE1/4 MILEMetrolink Platform
FIGURE6NNot to ScalePRE-OPERATION PARKING MANAGEMENT RECOMMENDATIONS LEGENDStation PlatformParking Facilities3hr Parking Restriction (Morning)Add "No Metro Parking" SignageMonitor for Increased ActivityResidential ProtectionCasa Colima Hospital Pomona High SchoolMetrolink PlatformPomona FairplexW La Verne AveArmour StYorba DrGlencoe WayW Arrow HwyN Garey AveE Arrow HwyMaple AveKimball AveE Magnolia StAcacia StPine StGentry StStare St1st StMadison AveTristania WayW Bonita AveFernpine LnPistacia LnCameron AveCanfield AveNeptune StCrabapple DrLas Vegas AveHeather Way 23472121311011589 6Golden Carriage LnFulton Rd
Melbourne AveFreda AveKimball Ave
Attachment
California Vehicle Code Excerpts
California Vehicle Code Division 11, Chapter 10, Article 1, Section 22658
(a) The owner or person in lawful possession of private property, including an association of a common interest development as defined in Sections 4080 and 4100 or Sections 6528 and 6534 of the Civil Code, may cause the removal of a vehicle parked on the property to a storage facility that meets the requirements of subdivision (n) under any of the following circumstances:
(1) There is displayed, in plain view at all entrances to the property, a sign not less than 17 inches by 22 inches in size, with lettering not less than one inch in height, prohibiting public parking and indicating that vehicles will be removed at the owner’s expense, and containing the telephone number of the local traffic law enforcement agency and the name and telephone number of each towing company that is a party to a written general towing authorization agreement with the owner or person in lawful possession of the property. The sign may also indicate that a citation may also be issued for the violation.
(2) The vehicle has been issued a notice of parking violation, and 96 hours have elapsed since the issuance of that notice.
(3) The vehicle is on private property and lacks an engine, transmission, wheels, tires, doors, windshield, or any other major part or equipment necessary to operate safely on the highways, the owner or person in lawful possession of the private property has notified the local traffic law enforcement agency, and 24 hours have elapsed since that notification. (4) The lot or parcel upon which the vehicle is parked is improved with a single-family dwelling.
(b) The tow truck operator removing the vehicle, if the operator knows or is able to ascertain from the property owner, person in lawful possession of the property, or the registration records of the Department of Motor Vehicles the name and address of the registered and legal owner of the vehicle, shall immediately give, or cause to be given, notice in writing to the registered and legal owner of the fact of the removal, the grounds for the removal, and indicate the place to which the vehicle has been removed. If the vehicle is stored in a storage facility, a copy of the notice shall be given to the proprietor of the storage facility. The notice provided for in this section shall include the amount of mileage on the vehicle at the time of removal and the time of the removal from the property. If the tow truck operator does not know and is not able to ascertain the name of the owner or for any other reason is unable to give the notice to the owner as provided in this section, the tow truck operator shall comply with the requirements of subdivision (c) of Section 22853 relating to notice in the same manner as applicable to an officer removing a vehicle from private property.
(c) This section does not limit or affect any right or remedy that the owner or person in lawful possession of private property may have by virtue of other provisions of law authorizing the removal of a vehicle parked upon private property. (d) The owner of a vehicle removed from private property pursuant to subdivision (a) may recover for any damage to the vehicle resulting from any intentional or negligent act of a person causing the removal of, or removing, the vehicle. (e)
(1) An owner or person in lawful possession of private property, or an association of a common interest development, causing the removal of a vehicle parked on that property is liable for double the storage or towing charges whenever there has been a failure to comply with paragraph (1), (2), or (3) of subdivision (a) or to state the grounds for the removal of the vehicle if requested by the legal or registered owner of the vehicle as required by subdivision (f).
(2) A property owner or owner’s agent or lessee who causes the removal of a vehicle parked on that property pursuant to the exemption set forth in subparagraph (A) of paragraph (1) of subdivision (l) and fails to comply with that subdivision is guilty of an infraction, punishable by a fine of one thousand dollars ($1,000).
(f) An owner or person in lawful possession of private property, or an association of a common interest development, causing the removal of a vehicle parked on that property shall notify by telephone or, if impractical, by the most expeditious means available, the local traffic law enforcement agency within one hour after authorizing the tow. An owner or person in lawful possession of private property, an association of a common interest development, causing the removal of a vehicle parked on that property, or the tow truck operator who removes the vehicle, shall state the grounds for the removal of the vehicle if requested by the legal or registered owner of that vehicle. A towing company that removes a vehicle from private property in compliance with subdivision (l) is not responsible in a situation relating to the validity of the removal. A towing company that removes the vehicle under this section shall be responsible for the following:
(1) Damage to the vehicle in the transit and subsequent storage of the vehicle.
(2) The removal of a vehicle other than the vehicle specified by the owner or other person in lawful possession of the private property. (g)
(1)
(A) Possession of a vehicle under this section shall be deemed to arise when a vehicle is removed from private property and is in transit.
(B) Upon the request of the owner of the vehicle or that owner’s agent, the towing company or its driver shall immediately and unconditionally release a vehicle that is not yet removed from the private property and in transit.
(C) A person failing to comply with subparagraph (B) is guilty of a misdemeanor.
(2) If a vehicle is released to a person in compliance with subparagraph (B) of paragraph (1), the vehicle owner or authorized agent shall immediately move that vehicle to a lawful location.
(h) A towing company may impose a charge of not more than one-half of the regular towing charge for the towing of a vehicle at the request of the owner, the owner’s agent, or the person in lawful possession of the private property pursuant to this section if the owner of the vehicle or the vehicle owner’s agent returns to the vehicle after the vehicle is coupled to the tow truck by means of a regular hitch, coupling device, drawbar, portable dolly, or is lifted off the ground by means of a conventional trailer, and before it is removed from the private property. The regular towing charge may only be imposed after the vehicle has been removed from the property and is in transit.
(i)
(1)
(A) A charge for towing or storage, or both, of a vehicle under this section is excessive if the charge exceeds the greater of the following:
(i) That which would have been charged for that towing or storage, or both, made at the request of a law enforcement agency under an agreement between a towing company
and the law enforcement agency that exercises primary
jurisdiction in the city in which is located the private property from which the vehicle was, or was attempted to be,
removed, or if the private property is not located within a city, then the law enforcement agency that exercises primary
jurisdiction in the county in which the private property is located.
(ii) That which would have been charged for that towing or storage, or both, under the rate approved for that towing operator by the Department of the California Highway Patrol for the jurisdiction in which the private property is located and from which the vehicle was, or was attempted to be, removed.
(B) A towing operator shall make available for inspection and copying his or her rate approved by the Department of the California Highway Patrol, if any, within 24 hours of a request without a warrant to law enforcement, the Attorney General, district attorney, or city attorney.
(2) If a vehicle is released within 24 hours from the time the vehicle is brought into the storage facility, regardless of the calendar date, the storage charge shall be for only one day. Not more than one day’s storage charge may be required for a vehicle released the same day that it is stored. (3) If a request to release a vehicle is made and the appropriate fees are tendered and documentation establishing that the person requesting release is entitled to possession of the vehicle, or is the owner’s insurance representative, is presented within the initial 24 hours of storage, and the storage facility fails to comply with the request to release the vehicle or is not open for business during normal business hours, then only one day’s storage charge may be required to be paid until after the first business day.
A business day is any day in which the lienholder is open for business to the public for at least eight hours. If a request is made more than 24 hours after the vehicle is placed in storage, charges may be imposed on a full calendar day basis for each day, or part thereof, that the vehicle is in storage.
(j)
(1) A person who charges a vehicle owner a towing, service, or storage charge at an excessive rate, as described in subdivision (h) or (i), is civilly liable to the vehicle owner for four times the amount charged. (2) A person who knowingly charges a v ehicle owner a towing, service, or storage charge at an excessive rate, as described in subdivision (h) or (i), or who fails to make available his or her rate as required in subparagraph (B) of paragraph (1) of subdivision (i), is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment.
(k)
(1) A person operating or in charge of a storage facility where vehicles are stored pursuant to this section shall accept a valid bank credit card or cash for payment of towing and storage by a registered owner, the legal owner, or the owner’s agent claiming the vehicle. A credit card shall be in the name of the person presenting the card. “Credit card” means “credit card” as defined in subdivision (a) of Section 1747.02 of the Civil Code, except, for the purposes of this section, credit card does not include a credit card issued by a retail seller.
(2) A person described in paragraph (1) shall conspicuously display, in that portion of the storage facility office where business is conducted with the public, a notice advising that all valid credit cards and cash are acceptable means of payment.
(3) A person operating or in charge of a storage facility who refuses to accept a valid credit card or who fails to post the required notice under paragraph (2) is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment.
(4) A person described in paragraph (1) who violates paragraph (1) or (2) is civilly liable to the registered owner of the vehicle or the person who tendered the fees for four times the amount of the towing and storage charges.
(5) A person operating or in charge of the storage facility shall have sufficient moneys on the premises of the primary storage facility during normal business hours to accommodate, and make change in, a reasonable monetary transaction.
(6) Credit charges for towing and storage services shall comply with Section 1748.1 of the Civil Code. Law enforcement agencies may include the costs of providing for payment by credit when making agreements with towing companies as described in subdivision (i).
(l)
(1)
(A) A towing company shall not remove or commence the removal of a vehicle from private property without first obtaining the written authorization from the property owner or lessee, including an association of a common interest development, or an employee or agent thereof, who shall be present at the time of removal and verify the alleged violation, except that presence and verification is not required if the person authorizing the tow is the property owner, or the owner’s agent who is not a tow operator, of a residential rental property of 15 or fewer units that does not have an onsite owner, owner’s agent or employee, and the tenant has verified the violation, requested the tow from that tenant’s assigned parking space, and provided a signed request or electronic mail, or has called and provides a signed request or electronic mail within 24 hours, to the property owner or owner’s agent, which the owner or agent shall provide to the towing company within 48 hours of authorizing the tow. The signed request or electronic mail shall contain the name and address of the tenant, and the date and time the tenant requested the tow. A towing company shall obtain, within 48 hours of receiving the written authorization to tow, a copy of a tenant request required pursuant to this subparagraph. For the purpose of this subparagraph, a person providing the written authorization who is required to be present on the private property at the time of the tow does not have to be physically present at the specified location of where the vehicle to be removed is located on the private property.
(B) The written authorization under subparagraph (A) shall include all of the following:
(i) The make, model, vehicle identification number, and license plate number of the removed vehicle.
(ii) The name, signature, job title, residential or business address, and working telephone number of the person,
described in subparagraph (A), authorizing the removal of the vehicle.
(iii) The grounds for the removal of the vehicle.
(iv) The time when the vehicle was first observed parked at the private property.
(v) The time that authorization to tow the vehicle was given. (C)
(i) When the vehicle owner or his or her agent claims the vehicle, the towing company prior to payment of a towing or storage charge shall provide a photocopy of the written authorization to the vehicle owner or the agent.
(ii) If the vehicle was towed from a residential property, the towing company shall redact the information specified in clause (ii) of subparagraph (B) in the photocopy of the written authorization provided to the vehicle owner or the agent pursuant to clause (i).
(iii) The towing company shall also provide to the vehicle owner or the agent a separate notice that provides the
telephone number of the appropriate local law enforcement or prosecuting agency by stating “If you believe that you have been wrongfully towed, please contact the local law enforcement or prosecuting agency at [insert appropriate telephone number].” The notice shall be in English and in the most populous language, other than English, that is spoken in the jurisdiction.
(D) A towing company shall not remove or commence the removal of a vehicle from private property described in subdivision (a) of Section 22953 unless the towing company has made a good faith inquiry to determine that the owner or the property owner’s agent complied with Section 22953.
(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.
(ii) In those cases in which general authorization is granted to a towing company or its affiliate to undertake the removal or commence the removal of a vehicle that is unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or that interferes with an entrance to, or exit from, private property, the towing company and the property owner, or owner’s
agent, or person in lawful possession of the private property shall have a written agreement granting that general
authorization.
(2) If a towing company removes a vehicle under a general authorization described in subparagraph (E) of paragraph (1) and that vehicle is unlawfully parked within 15 feet of a fire hydrant or in a fire lane, or in a manner that interferes with an entrance to, or exit from, the private property, the towing company shall take, prior to the removal of that vehicle, a photograph of the vehicle that clearly indicates that parking violation. Prior to accepting payment, the towing company shall keep one copy of the photograph taken pursuant to this paragraph, and shall present that photograph and provide, without charge, a photocopy to the owner or an agent of the owner, when that person claims the vehicle. (3) A towing company shall maintain the original written authorization, or the general authorization described in subparagraph (E) of paragraph (1) and the photograph of the violation, required pursuant to this section, and any written requests from a tenant to the property owner or owner’s agent required by subparagraph (A) of paragraph (1), for a period of three years and shall make them available for inspection and copying within 24 hours of a request without a warrant to law enforcement, the Attorney General, district attorney, or city attorney.
(4) A person who violates this subdivision is guilty of a misdemeanor, punishable by a fine of not more than two thousand five hundred dollars ($2,500), or by imprisonment in a county jail for not more than three months, or by both that fine and imprisonment.
(5) A person who violates this subdivision is civilly liable to the owner of the vehicle or his or her agent for four times the amount of the towing and storage charges.
(m)
(1) A towing company that removes a vehicle from private property under this section shall notify the local law enforcement agency of that tow after the vehicle is removed from the private property and is in transit. (2) A towing company is guilty of a misdemeanor if the towing company fails to provide the notification required under paragraph (1) within 60 minutes after the vehicle is removed from the private property and is in transit or 15 minutes after arriving at the storage facility, whichever time is less.
(3) A towing company that does not provide the notification under paragraph (1) within 30 minutes after the vehicle is removed from the private property and is in transit is civilly liable to the registered owner of the vehicle, or the person who tenders the fees, for three times the amount of the towing and storage charges.
(4) If notification is impracticable, the times for notification, as required pursuant to paragraphs (2) and (3), shall be tolled for the time period that notification is impracticable. This paragraph is an affirmative defense. (n) A vehicle removed from private property pursuant to this section shall be stored in a facility that meets all of the following requirements:
(1)
(A) Is located within a 10-mile radius of the property from where the vehicle was removed.
(B) The 10-mile radius requirement of subparagraph (A) does not apply if a towing company has prior general written approval from the law enforcement agency that exercises primary jurisdiction in the city in which is located the private property from which the vehicle was removed, or if the private property is not located within a city, then the law enforcement agency that exercises primary jurisdiction in the county in which is located the private property. (2)
(A) Remains open during normal business hours and releases vehicles after normal business hours.
(B) A gate fee may be charged for releasing a vehicle after normal business hours, weekends, and state holidays. However, the maximum hourly charge for releasing a vehicle after normal business hours shall be one-half of the hourly tow rate charged for initially towing the vehicle, or less.
(C) Notwithstanding any other provision of law and for purposes of this paragraph, “normal business hours” are Monday to Friday, inclusive, from 8 a.m. to 5 p.m., inclusive, except state holidays. (3) Has a public pay telephone in the office area that is open and accessible to the public.
(o)
(1) It is the intent of the Legislature in the adoption of subdivision (k) to assist vehicle owners or their agents by, among other things, allowing payment by credit cards for towing and storage services, thereby expediting the recovery of towed vehicles and concurrently promoting the safety and welfare of the public.
(2) It is the intent of the Legislature in the adoption of subdivision (l) to further the safety of the general public by ensuring that a private property owner or lessee has provided his or her authorization for the removal of a vehicle from his or her property, thereby promoting the safety of those persons involved in ordering the removal of the vehicle as well as those persons removing, towing, and storing the vehicle.
(3) It is the intent of the Legislature in the adoption of subdivision (g) to promote the safety of the general public by requiring towing companies to unconditionally release a vehicle that is not lawfully in their possession, thereby avoiding the likelihood of dangerous and violent confrontation and physical injury to vehicle owners and towing operators, the stranding of vehicle owners and their passengers at a dangerous time and location, and impeding expedited vehicle recovery, without wasting law enforcement’s limited resources.
(p) The remedies, sanctions, restrictions, and procedures provided in this section are not exclusive and are in addition to other remedies, sanctions, restrictions, or procedures that may be provided in other provisions of law, including, but not limited to, those that are provided in Sections 12110 and 34660. (q) A vehicle removed and stored pursuant to this section shall be released by the law enforcement agency, impounding agency, or person in possession of the vehicle, or any person acting on behalf of them, to the legal owner or the legal owner’s agent upon presentation of the assignment, as defined in subdivision (b) of Section 7500.1 of the Business and Professions Code; a release from the one responsible governmental agency, only if required by the agency; a government- issued photographic identification card; and any one of the following as determined by the legal owner or the legal owner’s agent: a certificate of repossession for the vehicle, a security agreement for the vehicle, or title, whether paper or electronic, showing proof of legal ownership for the vehicle. Any documents presented may be originals, photocopies, or facsimile copies, or may be transmitted electronically.
The storage facility shall not require any documents to be notarized. The storage facility may require the agent of the legal owner to produce a photocopy or facsimile copy of its repossession agency license or registration issued pursuant to Chapter 11 (commencing with Section 7500) of Division 3 of the Business and Professions Code, or to demonstrate, to the satisfaction of the storage facility, that the agent is exempt from licensure pursuant to Section 7500.2 or 7500.3 of the Business and Professions Code.