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Some security patrol companies are touting the use of the “Barnacle” to combat illegal parking in the common area. They claim that it is a quicker, easier, and less burdensome method of parking enforcement than towing.
The Barnacle is a device that attaches to the front windshield of a vehicle, fully obstructing the driver’s view so the vehicle cannot be driven. The driver must pay a fine in exchange for obtaining the code needed to remove the device.
While this device is certainly effective in immobilizing illegally parked vehicles, its use, as well as the use of boots and other similar devices, is illegal in California.
In 2004, the Office of the California Attorney General determined that the use of the boot, which immobilizes a vehicle, constitutes “tampering” in violation of California Vehicle Code section 108522 because it negatively impacts the vehicle owner’s use and enjoyment of their vehicle. Section 108522 provides that:
“No person shall either individually or in association with one or more other persons, willfully injure or tamper with any vehicle or the contents thereof, or break or remove any part of a vehicle without the consent of the owner.”
While the Barnacle immobilizes a vehicle in a different way, it still serves the same purpose as the boot, which is to prevent the vehicle from being driven. Under the California Attorney General’s analysis, the use of the Barnacle also violates California Vehicle Code section 108522 because it also negatively impacts the vehicle owner’s use and enjoyment of their vehicle.
Neither the law nor the Office of the California Attorney General is exempt from section 108522 devices used to enforce legitimate parking restrictions.
For now, this means that the only effective way to enforce common area parking restrictions when fines and membership suspensions are not working is to tow, even though towing comes with its own set of risks.
PRACTICE TIP
Before towing any vehicles from the common area, make sure the Association has the signage required by California Vehicle Code section 22658 prominently displayed at all entrances to the community. As an extra precaution, additional signs warning that illegally parked vehicles may be towed should be displayed periodically within the community.