Updated: April 10, 2006

Summary: Only a select few vehicle codes may be enforced in private offstreet parking facilities generally open to the public¹. Paragraph (a) of 21107.8 specifically states which codes may be enforced and that they may ONLY be enforced upon the enactment of a resolution or ordinance by the city or county AND ONLY if signs are put in place as described in paragraph (b).

EXCEPTIONS: Any code that specifically states that it may be enforced in offstreet parking facilities does not need to meet the requirements of this section. Vehicle Code 23103(b), reckless driving, is one such law that may be enforced in off-street public parking facilities without meeting any requirements in this section. Parking in fire lanes, disabled persons spaces, parking which blocks access to disabled persons amenities, such as wheelchair ramps are also enforceable. 

¹"Private off-street parking facilities generally open to the public" is defined as any parking facility, not owned or maintained by the government, that is open for public use. A shopping center or business parking lot are examples.

21107.8(a): Any city or county may, by ordinance or resolution, find and declare that there are privately owned and maintained offstreet parking facilities as described in the ordinance or resolution within the city or county that are generally held open for use of the public for purposes of vehicular parking. Upon enactment by a city or county of the ordinance or resolution, Sections 22350 [Basic Speed Law], 23103 [Reckless Driving], and 23109 [Speed Contests and Exhibition of Speed] and the provisions of Division 16.5 (commencing with Section 38000) [Off-road Vehicles] shall apply to privately owned and maintained offstreet parking facilities, except as provided in subdivision (b).

21107.8(b): Notwithstanding the provisions of subdivision (a), no ordinance or resolution enacted thereunder shall apply to any offstreet parking facility described therein unless the owner or operator has caused to be posted in a conspicuous place at each entrance to that offstreet parking facility a notice not less than 17 by 22 inches in size with lettering not less than one inch in height, to the effect that the offstreet parking facility is subject to public traffic regulations and control.

21107.8(c): No ordinance or resolution shall be enacted under subdivision (a) without a public hearing thereon and 10 days prior written notice to the owner and operator of the privately owned and maintained offstreet parking facility involved.

21107.8(d): Section 22507.8 [Parking Which Blocks Access/Egress] may be enforced without enactment of an ordinance or resolution as required under subdivision (a) or the posting of a notice at each entrance to the offstreet parking facility as required under subdivision (b).

21107.8(e): The department shall not be required to provide patrol or enforce any provisions of this code on any privately owned and maintained offstreet parking facility subject to the provisions of this code under this section except those provisions applicable to private property other than by action under this section.

10656: The director, deputy director, registrar, deputy registrar, investigators of the department, and members of a city police department or county sheriff's office whose primary responsibility is to conduct vehicle theft investigations, may inspect any vehicle of a type required to be registered under this code in any garage, repair shop, parking lot, used car lot, automobile dismantlers lot, or other similar establishment for the purpose of investigating the title and registration of vehicles and inspection of vehicles wrecked or dismantled.

22651: Any peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, or any regularly employed and salaried employee, who is engaged in directing traffic or enforcing parking laws and regulations, of a city, county, or jurisdiction of a state agency in which a vehicle is located, may remove a vehicle located within the territorial limits in which the officer or employee may act, under any of the following circumstances:

1. 22651(j): When any vehicle is found illegally parked and there are no license plates or other evidence of registration displayed, the vehicle may be impounded until the owner or person in control of the vehicle furnishes the impounding law enforcement agency evidence of his or her identity and an address within this state at which he or she can be located.

 

2. 22651(o)(1): When any vehicle is found or operated upon a highway, any public lands, or an offstreet parking facility with a registration expiration date in excess of six months before the date it is found or operated on the highway, public lands, or the offstreet parking facility. However, whenever the vehicle is occupied, only a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, may remove the vehicle. For the purposes of this subdivision, the vehicle shall be released to the owner or person in control of the vehicle only after the owner or person furnishes the storing law enforcement agency with proof of current registration and a currently valid driver's license to operate the vehicle.

 

3. 22651(o)(2): As used in this subdivision, "offstreet parking facility" means any offstreet facility held open for use by the public for parking vehicles and includes any publicly owned facilities for offstreet parking, and privately owned facilities for offstreet parking where no fee is charged for the privilege to park and which are held open for the common public use of retail customers.