Police Department Policy

GGPDE_502_-_Vehicle_Towing_and_Release_2827964

Garden Grove PD

Policy Text
Policy 502Garden Grove Police Department Policy Manual Copyright Lexipol, LLC 2024/05/22, All Rights Reserved. Published with permission by Garden Grove Police DepartmentVehicle Towing and Release - 1Vehicle Towing and Release 502.1 PURPOSE AND SCOPE This policy provides the procedures for towing a vehicle by or at the direction of the Garden Grove Police Department. Nothing in this policy shall require the Department to tow a vehicle. 502.2 STORAGE AND IMPOUNDS When circumstances permit, for example when towing a vehicle for parking or registration violations, the handling employee should, prior to having the vehicle towed, make a good faith effort to notify the owner of the vehicle that it is subject to removal. This may be accomplished by personal contact, telephone or by leaving a notice attached to the vehicle at least 24 hours prior to removal. If a vehicle presents a hazard, such as being abandoned on the roadway, it may be towed immediately. The responsibilities of those employees towing, storing or impounding a vehicle are listed below. 502.2.1 VEHICLE STORAGE REPORT Department members requesting towing, storage, or impound of a vehicle shall complete CHP Form 180 and accurately record the mileage and a description of property within the vehicle (Vehicle Code § 22850). A copy of the storage report should be given to the tow truck operator, and the original shall be submitted to the Records Division as soon as practicable after the vehicle is stored. 502.2.2 REMOVAL FROM TRAFFIC COLLISION SCENES Officers shall remove a vehicle, pursuant to California Vehicle Code Section Authority when: (a)The vehicle is in the roadway, cannot be moved, and is obstructing traffic. (b)The driver/owner is injured to the extent that he is unable to remove the vehicle. (c)In cases where a vehicle is not drivable, is a traffic hazard, and the driver is capable of making decisions, the removal of the vehicle should be handled as a private tow.The driver will be given the opportunity to choose a tow company preference as long as the company is local and can respond within 25 minutes.If the driver has no preference, one of the city-authorized rotational tow companies will be called to remove the vehicle. (d)Should the driver refuse to have the vehicle removed and the vehicle is a traffic hazard, it shall be removed at the officer's direction, following California Vehicle Code Authority Sections. (e)It shall be the responsibility of the tow truck operator to ensure the removal of all glass and debris from the roadway. 502.2.3 STORAGE AT ARREST SCENES Whenever a person in charge or in control of a vehicle is arrested, it is the policy of this department to provide reasonable safekeeping by storing the arrestee’s vehicle subject to the exceptions described below. The vehicle, however, shall be stored whenever it is needed for the furtherance Garden Grove Police Department Policy Manual Vehicle Towing and Release Copyright Lexipol, LLC 2024/05/22, All Rights Reserved. Published with permission by Garden Grove Police DepartmentVehicle Towing and Release - 2of the investigation or prosecution of the case, or when the community caretaker doctrine would reasonably suggest that the vehicle should be stored (e.g., traffic hazard, high-crime area). The following are examples of situations where consideration should be given to leaving a vehicle at the scene in lieu of storing, provided the vehicle can be lawfully parked and left in a reasonably secured and safe condition: •Traffic-related warrant arrest. •Situations where the vehicle was not used to further the offense for which the driver was arrested. •Whenever the licensed owner of the vehicle is present, willing, and able to take control of any vehicle not involved in criminal activity. •Whenever the vehicle otherwise does not need to be stored and the owner requests that it be left at the scene. In such cases, the owner shall be informed that the Department will not be responsible for theft or damages. 502.2.4 IMPOUNDMENT AT SOBRIETY CHECKPOINTS Whenever a driver is stopped at a sobriety checkpoint and the only violation is that the operator is driving without a valid driver’s license, the officer shall make a reasonable attempt to identify the registered owner of the vehicle (Vehicle Code § 2814.2). The officer shall release the vehicle to the registered owner if the person is a licensed driver, or to another licensed driver authorized by the registered owner, provided the vehicle is claimed prior to the conclusion of the checkpoint operation. If the vehicle is released at the checkpoint, the officer shall list on his/her copy of the notice to appear the name and driver’s license number of the person to whom the vehicle is released. When a vehicle cannot be released at the checkpoint, it shall be towed (Vehicle Code § 22651(p)). When a vehicle is removed at the checkpoint, it shall be released during the normal business hours of the storage facility to the registered owner or his/her agent upon presentation of a valid driver’s license and current vehicle registration. 502.2.5 ILLEGALLY PARKED VEHICLES An officer may remove and tow an illegally parked vehicle when: (a)It is parked in a position that is obstructing or creating a traffic hazard. (b)Any other reason created by state or local law. When an officer removes a vehicle, either for storage or impound purposes, the officer shall fill out a Garden Grove Police Department Stored Vehicle Report (Form 311a) and shall see that the vehicle is entered into the Stolen Vehicle System (SVS). The Records Section will be

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