San Jose, CA Business Licensing & Operations: Towing Companies (2026)
Key Facts
- Reclaim window
- 5 minutes to move car
- Drop charges
- Unlawful, any amount
- Permit issuer
- SJPD chief of police
- Permit term
- 2 years
- Penalty
- Permit suspension or revocation
Summary
San Jose bans tow companies from charging a fee to release a vehicle before it leaves private property, and vehicle owners who return before towing get five minutes to move their car and avoid the tow entirely.
It is unlawful to charge the vehicle owner any fee to drop the vehicle or otherwise release the vehicle back to his control at any point between its location on the private property and its arrival at the tow-car storage facility. Such a "drop charge" to the vehicle owner is defined as reimbursement from the vehicle owner for services rendered by the tow-truck permittee. These services include, but are not limited to, unlocking the vehicle, tying off the steering wheel, disconnecting the drive shaft or related system, and recovery of time and wages of the tow-truck operator.C.It shall be unlawful to remove any vehicle from private property once its owner or person in lawful control has returned to its location on the property and declared his opposition to the removal. In order to make this declaration, it is not required that the person produce any identification connecting him with the vehicle. The person declaring opposition to the removal must remove the vehicle within five minutes to a legal or nonrestrictive parking area or the vehicle will be towed. (Ord. 21906.)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 5 Update 3).
Full Breakdown
Under San Jose Municipal Code Chapter 6.66, every tow-car business needs a permit from the police chief before removing vehicles from private property (Section 6.66.040), and Section 6.66.310 protects vehicle owners two ways: it is unlawful to charge a drop charge for unhooking or releasing a vehicle anywhere between its parking spot and the tow yard, and if the owner or person in lawful control shows up before the tow is complete and objects, the tow-car company must let them move the vehicle themselves within five minutes instead of towing it.
Violations & Fines
Charging an illegal drop charge or towing a vehicle after the owner has objected and is moving it within five minutes is grounds for suspension or revocation of the tow-car business permit under Section 6.66.190.
Frequently Asked Questions
Can a San Jose tow company charge me to let my car go before towing it?
What if I show up while my car is being towed from private property?
Do tow companies need a city permit to operate in San Jose?
Sources & Official References
Other rules in San Jose
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