Policy Text
Policy
512Fremont Police Department
72-Hour Parking Violations
512.1 PURPOSE AND SCOPE
This policy provides procedures for the marking, recording, and storage of vehicles parked in
violation of the Fremont City Ordinance regulating 72-hour parking violations and abandoned
vehicles under the authority of Vehicle Code § 22669.
512.2 MARKING VEHICLES
Vehicles suspected of being in violation of the City of Fremont 72-Hour Parking Ordinance shall be
marked and noted on a Fremont Police Department Warning Notice (11-24 tag). No case number
is required at this time.
A visible chalk mark should be placed on the rear tire tread facing the street unless missing tires
or other vehicle conditions prevent marking. The investigating employee should make a good faith
effort to notify the owner of any vehicle subject to towing prior to having the vehicle removed. This
may be accomplished by personal contact or telephone.
All Warning Notices shall be submitted to the Traffic Unit for review/dissemination for follow-up.
If a marked vehicle has been moved or the markings have been removed during a 72-hour
investigation period, the vehicle shall be marked again for the 72-hour parking violation and an
additional Warning Notice completed and forwarded to the Traffic Unit.
Parking citations for the 72-hour parking ordinance shall not be issued when the vehicle is stored
for the 72-hour parking violation.
512.2.1 MARKED VEHICLE FILE
The Traffic Unit shall be responsible for maintaining a file for all Warning Notices.
CSO's assigned to the Traffic Unit shall be responsible for the follow up investigation of all 72-
hour parking violations noted on the Warning Notices, as time/calls for service permits.
512.2.2 VEHICLE STORAGE
Any vehicle in violation shall be stored by the authorized towing service and a CHP 180 shall be
completed by the officer authorizing the storage of the vehicle.
The CHP 180 shall be submitted to the Records Unit immediately following the storage of
the vehicle. It shall be the responsibility of the CSO/ Records Unit or Communications Unit to
immediately notify the Stolen Vehicle System (SVS) of the Department of Justice in Sacramento
( Vehicle Code § 22851.3(b)). Notification may also be made to the National Law Enforcement
Telecommunications System (NLETS)( Vehicle Code § 22854.5).
Within 48 hours of the storage of any such vehicle, excluding weekends and holidays, it shall be
the responsibility of the Records Unit to determine the names and addresses of any individuals
having an interest in the vehicle through DMV or CLETS computers. Notice to all such individuals
shall be sent first-class or certified mail pursuant to Vehicle Code § 22851.3(d).
Copyright Lexipol, LLC 2022/12/20, All Rights Reserved.
Published with permission by Fremont Police Department72-Hour Parking Violations - 1
Fremont Police Department
72-Hour Parking Violations
512.3 ABATEMENTS
(a)All abatements initiated by officers will follow the guidelines and criteria outlined in
Section 8.05.030 FMC. Suggested criteria for determining whether a vehicle is subject
to abatement are as follows:
1.Missing major assemblies (engine, drive shaft, axle, transmission) and generally
dilapidated.
2.Missing one or more minor assemblies (wheels, tires, radiator, carburetor,
windshield), inoperative, not licensed in the current or previous year.
3.Pertinent facts concerning the vehicle (e.g., flat tires, covered with dust, debris,
under repair, collision damage, etc.) should be noted. In questionable cases, the
vehicle should be monitored for abatement.
(b)If a vehicle does meet the set criteria:
1.The officer will initiate the abatement by filling out the abatement notice (Form
#PD-013) and submitting it to Traffic.
2.After being received by Traffic, the abatement will be reviewed and processed.
3.Traffic will obtain the vehicle's registered and legal owner information and the
property owner information and record it on the abatement notice.
4.The Notice of Intention to Abate will be prepared by Traffic and sent by certified
mail to the vehicle and property owners.
5.Once the certified receipts or unclaimed letters are returned to Traffic, a tow date
will be established.
(c)If a vehicle is towed for an abatement, the officer should route a copy of the report
to Traffic.
1.Five days after a vehicle is towed for abatement, Traffic will prepare, in triplicate,
D.M.V. Reg Form #104. One copy will be filed with the original report, one will
be sent to the towing company, and one will be sent to D.M.V.
(d)When following up on an abatement, if the vehicle is gone, restored, or enclosed
within a building, the officer should mark the final disposition as such and return the
abatement notice to Traffic.
Copyright Lexipol, LLC 2022/12/20, All Rights Reserved.
Published with permission by Fremont Police Department72-Hour Parking Violations - 2