Police Department Policy

OAKLAND_J-03_-_Towing_Procedures_407

Oakland PD

Policy Text
DEPARTMENTAL GENERAL ORDER J-03: Towing Vehicles Effective Date: 10 MAY 24 Coordinator: Traffic Operations Section Page 1 of 8 TOWING PROCEDURES The purpose of this order is to set forth De partmental policy and pr ocedures for towing vehicles. Procedures for completing reports and citations mentioned in this order are found in Departmental Report Writing Manual Insert T-19, TOWING PROCEDURES. This order applies to motor vehicles including motor-driv en cycles, motorized bi cycles and "mopeds." I. TOW REQUESTS A. Departmental Tows 1. A Departmental tow may be orde red by a member or employee: a) Pursuant to a Vehicle Code section. Note: Members and employees shall not tow vehicl es when the only basis for towing is California Vehicle C ode Section 22651(i)(1) (five or more notices of pa rking violations). 1 b) For evidentiary purposes, upon supervisory approval. c) Special tow projects require advance notification to the Communications and Records Divisions to ensure adequate staff is available to hand le the increased workload. 2. Procedures for towing vehicles fro m public and private property shall be made in accordance with the provisions of Departmental Report Writing Manual T-19, TOWING PROCEDURES. 3. The following tows can be orde red through the Communications Division: a) Requests for towing a single vehicl e from one location or event. b) Requests for multiple tows fro m one location or event under hazardous conditions. 1 See Coalition on Homelessness v. City and County of San Francisco , 93 Cal.App.5th 928 (2023) (holding that city cannot tow safely and lawfully parked vehicles, wit hout a warrant, solely because of unpaid parking tickets and pursuant to Vehicle Code Section 22651(i)(1)). DEPARTMENTAL GENERAL ORDER OAKLAND POLICE DEPARTMENT J-3 Rev. 10 MAY 24 Page 2 of 8 4. Abandoned auto tows and mult iple tows under non-hazardous situations shall, to the extent pr actical, be ordered through the Records Division. 5. The member or employee shall remain at the scene until the tow truck arrives, except for Abandoned Vehicle Unit tows. 6. Towed vehicles shall be towed to the City tow contractor's garage. Private vehicles shall no t be parked at the Transportation lot except for evidence processing in major cases at the direction of a command officer or the assigned investigator. 7. A reasonable effort shall be made to locate a vehicle's owner to eliminate unnecessary tows. 8. When the driver of a vehicle is a rrested for driving under the influence or other charges, the vehicle sha ll be towed as a Departmental tow unless the owner gives informed consen t to leave the vehicle parked at the scene. B. Owner/Operator Requested Tows 1. When a vehicle owner/operator requests a tow, the member or employee shall order the tow thr ough the Communications Division. 2. The owner/operator will be aske d for his/her preference in tow companies and that preference honore d when the tow is ordered. If the owner/ operator has no preference, a tow company under contract to the City will be dispatched. 3. An owner/operator requested tow shall not be ordered unless the owner/operator, or other person de signated by the operator, remains with the vehicle until the tow arrives. C. Abandoned Vehicle Tows on Public Property 1. Responsibility for Marking and Towing a) All members shall ma rk and tow abandoned vehicles within their area of assignment as time allows. 2. Towing Procedures DEPARTMENTAL GENERAL ORDER OAKLAND POLICE DEPARTMENT J-3 Rev. 10 MAY 24 Page 3 of 8 a) Members and employees shall: (1) Attach a warning sticker securely on the windshield no less than 72 hours prior to the actual tow. (2) Record mileage of the abandoned vehicle on the Assignment Report (236-253). (3) Place an alignment mark on tire and pavement and indicate the marking on the Assignment Report. (4) Complete the necessary reports and/or citations. (5) Deposit completed reports in th e report receptacle at the Police Administration Building or Eastmont Substation at the end of the shift and deposit the citations at the proper location. 3. Appraisal Responsibilities a) The assigned member or employee towing the vehicle shall determine the estimated value of the vehicle. b) If the identifying numbers on the vehicle do not match those on the reports, the appraiser shall complete the proper reports with the corrected information. c) If the identifying numbers appear to have been tampered with, the appraiser shall notify the Auto Theft Unit and mark "Removed/Altered VIN (10751 VC)" on the Vehicle Report (536-254). D. Abandoned Vehicle Tows on Private Property 1. Sources of violations in clude but are not limited to citizen complaints, neighborhood organizations, city gove rnment agencies, members, and employees. 2. Field Personnel Responsibility a) Members and authorized employe es assigned to investigate a complaint shall complete a preliminary investigation in accordance with current Vehicl e Abatement Unit procedures. DEPARTMENTAL GENERAL ORDER OAKLAND POLICE DEPARTMENT J-3 Rev. 10 MAY 24 Page 4 of 8 b) Members and/or authorized empl oyees shall mark the vehicle

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