Was Your Tow Illegal? CVC 22658 for Fresno Drivers
California wrote one of the country's stricter private-property towing laws, and most people on both sides of a Fresno tow have never read it. Vehicle Code section 22658 decides whether the tow that took your car was legitimate, and whether the property manager who ordered it owes you double.
The one-hour rule
On private property the public can drive into freely, an apartment visitor lot, a shopping center on Blackstone, an open office lot, a vehicle must be illegally parked for at least one hour before it can be towed. You read that right: the 20-minute dash into a store that ends with an empty parking space was, in many cases, an illegal tow.
The exceptions, where immediate towing is allowed:
- Blocking the property's entrance or exit
- Parked in a marked fire lane
- Within 15 feet of a fire hydrant
- Occupying a marked disabled space
- Resident-only gated property (the hour doesn't apply behind a gate)
The signage test
For a lot to tow at all, its signage must comply: 17 by 22 inches minimum, one-inch lettering, stating the parking restriction, the current tow company's name and phone number, and a law-enforcement contact number, posted where drivers can see it at entrances. Next time you're in any Fresno lot, look. Faded signs naming tow companies that folded years ago are everywhere, and a non-compliant sign undermines the tow's legality on its own.
After the hook: the operator's duties
The tow company has obligations too: notify local law enforcement promptly (this is why calling FPD about a "stolen" car surfaces a private tow), store the car within a reasonable distance, and release it to you during business hours. You can also retrieve personal belongings from the car before paying the release fee.
The penalty with teeth
A property owner who authorizes a tow in violation of 22658 is liable for double the towing and storage charges plus attorney's fees. For a typical Fresno private tow with a few days of storage, that's a few hundred dollars, squarely in small-claims territory where you don't need a lawyer. Keep the receipt, photograph the lot's signage (or its absence), and note your parking time.
If you're the property manager reading this
Your tenants found this page too. The liability for a bad tow lands on whoever authorized it, which is why signage audits and a tow log are cheap insurance. We wrote the operator's side at private property towing in Fresno, including the compliance checklist.
If your car is currently in a yard
Legality dispute or not, the storage meter runs about $40 a day in Fresno. Get the car out first, dispute second; the recovery steps and phone numbers are in impound help and the towed-car walkthrough. Once it's released, if it won't start after sitting, roadside or a short tow home closes it out. (559) 552-8152.
Quick answers
What is the one-hour rule for towing in California?
On private lots the public can freely enter, a vehicle must be illegally parked for one hour before it can be towed, unless it blocks an entrance or exit, sits in a fire lane, parks within 15 feet of a hydrant, or occupies a disabled space. Gated resident-only lots can tow immediately.
What is considered an illegal tow in California?
Common failures: towing before the hour is up on an open lot, missing or non-compliant signage (17"×22", 1" lettering, current tow company name and phone, law-enforcement number), and failure to notify local law enforcement after the tow. Any of these can invalidate the tow.
What do I get if the tow was illegal?
The statute sets the penalty at double the towing and storage charges, plus attorney's fees, payable by the property owner who authorized it. Small claims court handles amounts in this range without a lawyer.
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