Berkeley, CA Business Licensing & Operations: Towing Companies (2026)
Key Facts
- Who may tow
- Property owner, agent, or Police Dept designee
- Signage required
- Police-approved signs at all entrances
- Tow destination
- Nearest garage or City-designated garage
- Owner notice
- Required per state Vehicle Code
- Garage lien
- Lien for towing and storage costs
- Wrongful tow liability
- Complainant pays all towing/storage charges
- Violation penalty
- Misdemeanor under Chapter 1.20
Summary
Berkeley lets a private property owner, their agent, or a designated police officer remove a vehicle parked without consent once the property carries police-approved signage. BMC § 13.52.060 authorizes removal to the nearest garage or a City-designated garage, and the person who wrongly triggers a tow, not the tower, pays the towing and storage bill.
13.52.060 Illegally parked vehicle--Removal--Authorized when. Any regularly employed and salaried employee of the Police Department designated by the Chief of Police, the owner of any private property, or the authorized agent of either, may remove or cause to be removed, any motor vehicle that has been parked or left standing on any private property, driveway or private parking lot or property used for private parking purposes in violation of Section 13.52.040. (Ord. 4855-NS § 1 (part), 1976; Ord. 2829-NS § 6, 1947)
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 8031-NS, passed July 28, 2026).
Full Breakdown
Before a Berkeley property owner can have a vehicle towed, § 13.52.040 requires signs at all entrances stating the conditions under which parking is allowed; the wording and posting must be approved by the Berkeley Police Department. Once that signage is posted, § 13.52.050 lets a Police Department employee designated by the Chief cite the vehicle, and § 13.52.060 lets that same officer, the property owner, or the owner's authorized agent remove any vehicle parked in violation of § 13.52.040.
A towed vehicle must go to the nearest garage or other place of safety, or to a garage the City designates, under § 13.52.070. The person who removed the vehicle must then notify its owner as required by the state Vehicle Code (§ 13.52.080), and the garage keeper holds a lien on the vehicle for towing and storage charges, enforceable under the conditions the Vehicle Code sets (§ 13.52.090).
Section 13.52.100 shifts the financial risk onto whoever wrongly triggers a tow: if a vehicle removed from private property was actually parked there rightfully, the person who complained about it, or who caused its removal, is personally liable for all towing and storage charges, not the tow company or the property owner acting in good faith. Any violation of the chapter, including towing outside these rules, is a misdemeanor under § 13.52.110, punishable as set out in Chapter 1.20.
Violations & Fines
Towing outside these rules is a misdemeanor punishable under Chapter 1.20 (§ 13.52.110). Anyone who wrongly causes the removal of a vehicle that was rightfully parked on the property becomes personally liable for all towing and storage charges under § 13.52.100, and a garage keeper may enforce a lien on the vehicle for unpaid towing and storage costs under § 13.52.090 until the state Vehicle Code's lien-satisfaction conditions are met.
Frequently Asked Questions
Can a Berkeley property owner tow a car without police?
What must private-property no-parking signs say in Berkeley?
Who pays if a Berkeley tow turns out to be wrong?
Where can a towed vehicle be taken under this chapter?
Sources & Official References
Other rules in Berkeley
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