Lone Star Security v. City of Los Angeles

BACKGROUND

The California Vehicle Code preempts municipal vehicle ordinances inconsistent with its provisions. In relevant part, the Code provides that “no local authority shall enact or enforce any ordinance on the matters covered by this code unless expressly authorized herein.” Cal. Veh. Code § 21. The Code further makes it “unlawful for any peace officer or any unauthorized person to remove any unattended vehicle from a highway to a garage or to any other place, except as pro- vided in this code.” Id. § 22650. As an exception to this gen- eral prohibition against towing unattended vehicles, the Code provides that a municipal officer “who is engaged in directing traffic or enforcing parking laws and regulations . . . of a city” is authorized to tow a vehicle “parked or left standing upon 14746 LONE STAR SECURITY v. LOS ANGELES a highway for 72 or more consecutive hours in violation of a local ordinance authorizing removal.” Id. § 22651.

Although the Code provides for the towing of vehicles parked “for 72 or more consecutive hours,” id. (emphasis added), the City of Los Angeles enacted a provision that, dur- ing the relevant period, prohibited parking in an otherwise…