Duly appointed law enforcement are hereby authorized to remove bicycles or SMDs from
a public place to the county impound or other place of safety, under the circumstances
hereinafter enumerated:
(a)
Bicycles or SMDs found to be parked in violation of Vehicle Code Sections 21210 or
22651, or in violation of posted restrictions, on any public path, sidewalk or street,
may be removed and impounded by any sheriff, undersheriff, or deputy sheriff, or any
regularly employed county employee engaged in directing traffic or enforcing parking
laws or regulations of the county, so long as signs are posted giving notice of the
removal of unlawfully parked bicycles or SMDs from the restricted area, including
the telephone number of the county sheriff's department.
(b)
Bicycles or SMDs appearing abandoned on any public path, sidewalk or street may be
removed and impounded by any sheriff, undersheriff, or deputy sheriff, or any regularly
employed county employee engaged in directing traffic or enforcing parking laws or
regulations of the county. For use in this section the term "appearing abandoned"
shall refer to the condition of a bicycle or SMD in a state of disuse or neglect as
evidenced by missing components, flat tires, or other signs of disuse or neglect.
(c)
Pursuant to Streets and Highways Code Sections 1460 through 1496, as applicable, and
after notice, SMDs owned or operated by an shared mobility business without an encroachment
permit from the county, prescribed in chapter 28, found on any public path, sidewalk or street may be removed and impounded by any
sheriff, undersheriff, or deputy sheriff, or any regularly employed county employee
engaged in directing traffic or enforcing parking laws or regulations of the county.
Impoundment and disposal of property will be as follows:
(a)
Procedures for removal and storage of such bicycles or SMDs shall be the same as prescribed
for vehicles by Vehicle Code Section 22850, 22850.3, 22850.5, and 22852 except for:
(1)
Those provisions which by their nature can have no application to bicycles or SMDs.
(2)
Procedures prescribed in section 9-4 supersede Vehicle Code Sections 22850—22854 as applicable.
(b)
Prior to removing a bicycle or SMD that appears abandoned, notice shall be placed
on the bicycle warning the owner of impoundment. Such notice shall be placed on a
bicycle a minimum of forty-eight hours prior to impoundment.
(c)
Notice of impoundment shall be given to the owner of any impounded bicycle or SMD
if the owner's name and address can be ascertained from any license, registration
or other identification on the bicycle.
(d)
The department may charge a reasonable fee for recovery of an impounded bicycle or
SMD to cover the costs of impoundment, storage, recordkeeping and other associated
costs.
(e)
Unclaimed bicycles or SMDs may be disposed of as provided for in chapter 2, article IX of the County Code.
(f)
Post-storage hearings, if requested per Vehicle Code Section 22852(4)(c), will be
conducted by a hearing officer appointed by the sheriff.
