[Ord. No. 1127, § 3,
Exh. A; Ord. No. 1178, Exh. A.]
The city council finds that it is in the public interest that
this article be enacted to prescribe basic regulations for the operation
of those towing services in the city participating in a rotation system
for the removal of and towing away of motor vehicles which are seized
and impounded pursuant to a criminal investigation, which are parked
illegally, which are abandoned, which are involved in an accident,
or which constitute an obstruction to traffic because of mechanical
failure. These regulations also apply to requests from the Oakdale
Police Department for tow operator(s) to remove or impound motor vehicles
for reasons not stated above. It is the purpose of the city council
in enacting these regulations to provide a fair and impartial means
for the Oakdale Police Department to distribute requests for towing
services among qualified firms and to ensure that such service is
prompt, reasonably priced, and in the best interests of the public
health, safety and welfare.
[Ord. No. 1127, § 3,
Exh. A.]
The following words and phrases used in this article shall have
the following meanings:
(a)
ABANDONED VEHICLES ROTATION LIST — Means a list maintained
by the Oakdale Police Department of operators from which the police
department will make calls for towing services for the purpose of
removing abandoned vehicles as authorized by the California Vehicle
Code, from public to private property.
(b)
ATTENDANT — Means an employee of an operator qualified
by knowledge and experience to operate a tow car or tow truck.
(c)
OPERATOR — Means any person, firm, corporation or association
engaged in the business of towing motor vehicles.
(d)
ROTATION LIST — Means a list maintained by the police
department of operators from which the police department will make
calls for towing services on a sequential basis.
(e)
TOW CAR OR TOW TRUCK — Means a motor vehicle as defined
in Section 615 of the Vehicle Code of the State of California.
(f)
TOWING SERVICE — Means the business of operating tow cars
and/or tow trucks in the city for the purpose of towing, moving or
removing vehicles from, over, or on the public streets thereof.
[Ord. No. 1127, § 3,
Exh. A.]
Except as hereinafter provided, the provisions of this article
shall be applicable to those towing service operators who are placed
on the rotation list or abandoned vehicle rotation list for towing
service authorized by this article.
[Ord. No. 1127, § 3,
Exh. A.]
It is unlawful for any person, towing service operator or the
agent, attendant or other employee of a towing service operator, whether
or not on the rotation list, to respond to any police radio call for
the purpose of removing from the public streets and towing away any
vehicle subject to the provisions of this article unless specifically
requested to do so by an officer or representative of the Oakdale
Police Department. The owner or operator of any vehicle may request
any specific towing service operator be called to remove and tow away
his/her vehicle.
[Ord. No. 1127, § 3,
Exh. A.]
It shall be unlawful for any person, towing service operator,
or the agent, attendant or other employee of a towing service operator,
whether or not on the rotation list, to solicit any towing service
work which is regulated by this article without first having been
requested by the owner or operator of the vehicle or by an officer
or representative of the Oakdale Police Department to provide such
towing service work.
[Ord. No. 1127, § 18.60.60,
§ 3, Exh. A; Ord. No. 1178, Exh. A.]
Within sixty days after the effective date of this article,[1] the chief of police shall establish and thereafter maintain
a rotation list of towing service operators. Such rotation service
operators who make application and meet the requirements of this article
shall be included on the list. Each operator of a towing service placed
on the rotation list shall execute an agreement with the city to comply
with all of the provisions of this article and as established by resolution
of the city council.
[Ord. No. 1127, § 3,
Exh. A.]
Within sixty days after the effective date of this article,
the chief of police shall establish and thereafter maintain an abandoned
rotation list of towing service operators who have agreed to remove
abandoned vehicles as authorized by the California Vehicle Code. Such
list shall be compiled by the chief of police and consist of the towing
service operators that meet the requirements of this article. Each
operator of a towing service placed on the abandoned vehicle rotation
list shall sign an agreement to comply with all of the provisions
of this article.
[Ord. No. 1127, § 3,
Exh. A.]
In the event that no towing service operator agrees to be placed
on the abandoned vehicle rotation list, then all tow service operators
that are on the rotation list will be required to provide towing services
to remove abandoned vehicles as directed by the police department.
[Ord. No. 1127, § 3,
Exh. A.]
(a)
Application. Each operator of a towing service desiring assignment
to the rotation list or abandoned vehicle rotation list shall pay
a fee as set by resolution of the city council. Applications shall
be filed on forms supplied by the Oakdale Police Department, which
shall be signed by the applicant under penalty of perjury and shall
contain the following information:
(1)
The name, residence address and telephone number of the applicant.
If the applicant is a partnership, the name, residence address and
telephone number of each partner. If the applicant is a corporation,
the name, residence address and telephone number of each director,
each officer and the general manager;
(2)
The applicant's date of birth, weight, height, color of eyes
and hair. If the applicant is a partnership, the date of birth, weight,
height, color of eyes and hair of each partner. If the applicant is
a corporation, the date of birth, weight, height, color of eyes and
hair of each director, each officer and the general manager;
(3)
The name under which the towing service operates and the business
address and telephone number of the towing service;
(4)
The make, year, model, color and license number of every tow
truck that will be operated by the towing service;
(5)
The name of each city, county and state, including the specific
addresses therein, in which the applicant has been engaged in or has
conducted a towing service, or has been employed as a towing service
operator or attendant within the last five years. If the applicant
is a partnership, such information shall be provided for each partner.
If the applicant is a corporation, such information shall be provided
for each director, each officer and the general manager;
(6)
A statement of all felonies and misdemeanors (including moving
traffic violations and excluding parking violations) for which the
applicant has been convicted within the five years immediately preceding
the date of the application. If the applicant is a partnership, such
information shall be provided for each partner. If the applicant is
a corporation, such information shall be provided for each director,
each officer and the general manager;
(7)
Such other information as the chief of police may deem relevant
and necessary to investigate and evaluate the qualifications of the
applicant.
(b)
Application: investigation. The chief of police shall cause
to be conducted an investigation of each application by a towing service
operator, and a report of such investigation shall be attached to
the applicant.
(c)
Approval or rejection of application.
(1)
Findings. The chief of police, upon consideration of an application
by a towing service operator and the investigative reports and documents
attached thereto, shall approve or reject the application in accordance
with the provisions of this article.
(2)
The chief of police shall approve the application by a towing
service operator for consideration for assignment to the rotation
list if he/she finds:
a.
That the vehicles described in the application and proposed
to be operated by the towing service meet the minimum standards set
forth in this section;
b.
That the applicant meets all of the requirements of this article
and all other applicable laws and regulations;
c.
That the applicant has adequate experience in the operation
of a towing service;
d.
That the applicant has not yet been convicted within five years
immediately preceding the application of crime involving honesty,
or veracity, violence, dangerous or deadly weapons, or more than once
during the five year period has been convicted of the use or possession
of narcotics, or for operating a vehicle under the influence of intoxicating
liquor.
[Ord. No. 1127, § 3,
Exh. A.]
Each tow car or tow truck shall meet the following standards:
(a)
Truck chassis. Vehicles shall have at least one-ton capacity
with rear dual wheels or equivalent.
(b)
Company name. Vehicles shall be marked as required by the California
Vehicle Code.
(c)
Lights. Vehicles shall at all times be equipped with lighting
equipment as required by the California Vehicle Code and may be equipped
with such other lights as the operator may desire which are not forbidden
by law.
(d)
Radio. Each vehicle shall have in good operating condition a
two-way communication system approved by the chief of police, capable
of communicating with the parent company dispatcher. Citizen band
radios do not meet this requirement.
(e)
Additional equipment. Each vehicle shall have a flashlight in
operating condition, a dustpan, crowbar, pry-bar, rope or strapping
implement for securing steering wheels, hammer, screwdriver, wrenches,
safety chain and other miscellaneous hand tools, and shall be equipped
with at least two five gallon cans of absorbent material.
(f)
All other equipment as required by the California Vehicle Code.
[Ord. No. 1127, § 3,
Exh. A.]
All tow service operators shall obtain a tow vehicle inspection
certificate from the California Highway Patrol and submit to the Oakdale
Police Department annually.
[Ord. No. 1127, § 3,
Exh. A.]
No person shall drive or be permitted to drive upon the streets
of the city a tow car or tow truck regulated by this chapter unless
the person shall have a current valid driver's license issued by the
State of California.
[Ord. No. 1127, § 3,
Exh. A.]
(a)
Each tow car or tow truck shall be operated by an attendant
with a valid current attendant's permit issued pursuant to this article.
(b)
No person shall operate or be permitted to operate a tow car
or tow truck regulated by this article without first obtaining an
attendant's permit to do so from the chief of police.
[Ord. No. 1127, § 3,
Exh. A.]
(a)
Application. An application for attendant's permit shall be
made upon forms furnished by the city, signed by the applicant under
penalty of perjury, and shall contain:
(1)
The applicant's full name, present residence address, and any
other residence address during the past year;
(2)
Age, date of birth, weight, height, color of eyes and hair and
drivers license number;
(3)
A statement of all felonies and misdemeanors (including moving
traffic violations and excluding parking violations) for which the
applicant has been convicted within the five years immediately preceding
application for the permit; and
(4)
A statement of past experiences as a tow car or tow truck operator
or attendant, including the name and address of each employment as
a towing service operator or attendant within the five years immediately
preceding applicant for the permit.
(b)
Application fee; fingerprints. Applicants for attendant's permits
shall pay to the city a fee as set by resolution of the city council.
When the application is processed, fingerprints shall be submitted
as required by the Bureau of Identification, State of California.
The applicant shall pay the fingerprint fee in addition to the city
fee.
(c)
Investigation. The chief of police shall cause to be conducted
an investigation of each application for an attendant's permit; and
a report of such investigation, including a copy of the traffic and
police record of the applicant, if any, shall be attached to the application.
(d)
Approval or rejection of application; findings.
(1)
The chief of police, upon consideration of an application for
an attendant's permit, and the investigation reports and documents
attached thereto, shall approve or reject the application in accordance
with the provisions of this article.
(2)
The chief of police shall issue an attendant's permit if he/she
finds that the applicant:
a.
Is the age of eighteen years or over;
b.
Is able to speak, read and write the English language;
c.
Has a safe driving record. Applicant must possess a valid California
Driver's License;
d.
Has met all of the requirements of this article and all other
applicable laws and regulations;
e.
Has not been convicted within the five years immediately preceding
application for a permit of a crime involving honesty or veracity,
or more than once during the five year period has been convicted of
the use or possession of narcotics, or for operating a vehicle under
the influence of intoxicating liquor.
(3)
Applicant shall be rejected if:
a.
Applicant has more than two convictions for hazardous traffic
violations in the prior twelve months; or
b.
Applicant has been involved in more than two accidents in which
the applicant was the primary cause of the accident or significantly
contributed to the cause of the accident in the prior twelve months;
or
c.
Applicant has more than one conviction for a hazardous misdemeanor
traffic violation in the past twelve months; or
d.
Applicant has three or more convictions or accidents in any
of the above listed categories.
e.
Applicant has been convicted at any time for a crime of violence,
dangerous or deadly weapons, or moral turpitude.
[Ord. No. 1127, § 3,
Exh. A.]
The attendant's permit shall be in the form of a card which
shall bear the signature, photograph and fingerprint of the applicant.
Such card shall be issued in duplicate; and one copy with the fingerprint,
photograph and signature of the applicant shall be placed on file
with the chief of police. The other card shall be carried on the person
of the permittee at all times while operating a tow car or tow truck.
The permit, when issued, remains the property of the Oakdale Police
Department. If an attendant changes employment from one towing service
to another, he/she shall notify the Oakdale Police Department of that
change. If an attendant leaves the towing service for other employment
he/she shall turn in the permit to the Oakdale Police Department.
[Ord. No. 1127, § 3,
Exh. A.]
The chief of police may suspend or revoke any attendant's permit
for the same reasons that the chief of police can deny a permit, as
set forth in this article. Attendant permit holders must report all
arrests, citations and accidents to the chief of police within one
week of incident. Failure to do so may result in permit revocation.
[Ord. No. 1127, § 3,
Exh. A.]
The chief of police may suspend or revoke any towing service
from either or both rotation list(s) on any one or more of the following
grounds:
(a)
That the towing service operator fails to meet the requirements
for the approval of an application by a towing service operator, as
set forth in this article;
(b)
That the operator has failed to operate the towing service in
accordance with the provisions and requirements of this article;
(c)
That the operator has ceased to operate the towing service for
a period of ten consecutive days without having obtained permission
for cessation of such operation from the chief of police, except for
short term absences when prior notice has been given to the police
department and provisions have been made for the release of vehicles
during this time; short term absences is defined as a period of time
less than seven days;
(d)
That any of the operator's insurance required by this article
has been cancelled, not renewed or been materially changed in coverage,
terms or conditions;
(e)
That the operator has failed to respond to a towing service
request made by the police pursuant to the provisions of this article;
and
(f)
Failure to comply with this article when towing service has
been sold to a new owner. Written notice of the reasons for removal
of an operator's service from the rotation list shall be given seventy-two
hours prior to actual suspension or revocation.
[Ord. No. 1127, § 3,
Exh. A.]
(a)
Vehicle storage. Each towing service operator shall have a storage
lot located within a two mile radius of the city limits of the city
which is adequate to store not less than five vehicles. A storage
building must also be available to the operator capable of storing
a minimum of two vehicles. Such storage lot and building shall be
enclosed by a fence or wall which is of sufficient height and strength
to be capable of protecting stored vehicles and their contents from
pilfering or tampering and comply with all zoning and building requirements
of the city. Such fence shall be at least six feet in height and shall
be provided with at least one door or gate with the bottom edge of
any fence to be not more than two inches above the parking surface
of the storage lot and the top edge of the fence or wall enclosure,
including all gates and doors thereto, to be equipped with not less
than two barbed wires installed so as to discourage access over the
top of the fence or wall. All gates or buildings shall be securely
locked when not in use and storage lots shall be screened from public
view.
(b)
Hours. Each towing service operator shall have an attendant
on call, capable of responding to requests from the Oakdale Police
Department for towing service and to citizens' requests for release
of vehicles, twenty-four hours each day, seven days per week, including
holidays.
(c)
Insurance. Towing service operators shall maintain in full force
and effect policies of public liability insurance as protection against:
(1)
Garage liability coverage providing towing and wrecker liability;
(2)
Garage keeper's legal liability or equivalent protection affording
fire, theft, vandalism and malicious mischief, covering the vehicles
stored and/or impounded while in the care, custody and control of
the towing service operator;
(3)
Contractual liability.
(d)
Worker's compensation insurance shall be carried as required
by state law.
(e)
Certificates of insurance evidencing such insurance as required
by this article shall be filed with the police chief of the city prior
to assignment of a towing service operator to the rotation list. The
certificate(s) shall provide that the city shall receive a thirty
day written notice prior to any cancellation, nonrenewal or any material
change in coverage, terms or conditions of the policy(s).
(f)
Regardless of the provisions of any other ordinances or provisions
of this Code, towing service operators who participate in the rotation
list or abandoned vehicle rotation list shall obtain and maintain
in full force the effect liability insurance in the amount of five
hundred thousand dollars for each accident and five hundred thousand
dollars for injuries in any one occurrence and property damage liability
in the sum of one hundred thousand dollars, naming the city and its
elected officials, employees and volunteers as additional insured,
and which policy shall provide that the city shall be given thirty
days written notice prior to the cancellation of any such policy.
Towing service operators who are insured at the above listed limits
shall not carry passengers in or on their tow car or tow truck, or
in the vehicles being towed, at any time while engaged in towing service
pursuant to the provisions of this article.
(g)
If the towing service operator elects to provide transportation
for passengers as part of the towing service, the requirement for
liability insurance shall be one million dollars for each accident
and one million dollars for injuries in any one occurrence. The other
requirements for insurance and limits of liability remain the same.
[Ord. No. 1127, § 3,
Exh. A.]
(a)
The maximum fees and charges which may be charged by towing
service operators for services rendered pursuant to this article shall
be established by resolution of the city council. Such rates and charges
shall be established after a review of rates and charges used in comparable
communities and operating data supplied by towing service operators
on the rotation list established pursuant to this article. The rates
and charges shall provide for extra fees in case of unusual circumstances.
Towing service operators on the rotation list established pursuant
to this chapter may periodically, but not more frequently than annually,
request such schedule of rates and charges by review for possible
adjustment.
(b)
No rates, charges or other fees shall be charged for towing
services provided pursuant to this article other than those authorized
by the schedule of rates and charges established pursuant to this
section. Each towing service operator shall keep full and complete
records of all such fees and charges charged for towing service provided
pursuant to the provisions of this article.
(c)
Any operator placed on the rotation list herein shall remove,
or provide non-towing service, at a fifty percent reduced cost or
expense to the city, any disabled or damaged vehicle owned or leased
by the city and which is located within or in close proximity to the
city.
[Prior code § 3-11.20; Ord. No.
1127, § 3, Exh. A.]
Tow service operators shall respond to all calls for towing
service within thirty minutes or less. If a towing service operator
is unable to respond within such time and notifies the police department
of that fact at the time the call for service is received, the operator
will be assigned an alternate turn.
[Ord. No. 1127, § 3,
Exh. A.]
(a)
Vehicles impounded by the Oakdale Police Department shall be
held by the operator until the vehicle is released in writing by the
police department. Contents of vehicle impounded shall not be removed
without the prior written approval of the police department. Impounded
vehicles shall be deemed to be in the custody of the Oakdale Police
Department until released in writing by the Oakdale Police Department,
and in the interim shall be stored inside a locked building. Tow service
operators shall have a storage building available to the Oakdale Police
Department that will store no less than two vehicles.
(b)
The storage building must be located within two miles of the
city limits. If the storage building is already filled to capacity
by police department impounds, then the next operator on the rotation
list having such storage facilities available will be called, without
loss of rotation turn to those passed over.
[Ord. No. 1127, § 3,
Exh. A.]
All vehicles, except impounded vehicles, stored pursuant to
the provisions of this article, shall be made available for the purpose
of estimating or appraising damages by the owner of the vehicle or
his/her representative during normal business hours. All vehicles
shall be accessible at all times to the Oakdale Police Department
and other law enforcement personnel. The operator may be required
to assist making vehicles accessible upon request of the Oakdale Police
Department.
[Ord. No. 1127, § 3,
Exh. A.]
(a)
Turn determination. Requests for towing of vehicles, emergency
road service, and other similar services will be considered to be
a rotation turn except when an operator or attendant requests no compensation
for the services rendered or when services of a specific operator
are requested by a citizen.
(b)
Deviation. The police department may deviate from the normal
rotation schedule if the operator next on rotation is, in the judgment
of the department, incapable of or not properly equipped for handling
a specific task requiring special skills or equipment. If none of
the operators on the rotation list have the necessary skills or equipment
to handle a specific task, the police department may request service
from any other person or company capable of handling the request.
(A deviation from the normal rotation for such reason shall not cause
a loss of rotation turn by either the operator who was determined
to be incapable or not properly equipped for handling the request
or by another rotation operator who does respond.) In the event that
the chief of police or his/her authorized representative determines
that there is an emergency, the provisions of this article shall not
apply and the Oakdale Police Department may obtain towing service
from any source deemed appropriate.
[Ord. No. 1127, § 3,
Exh. A.]
(a)
Any applicant for or holder of a permit whose application is
rejected or whose permit is suspended or revoked, as provided in this
article, may appeal such denial to the city administrator or his/her
designee. Any appeal must be in written form, and be received by the
city administrator within ten days of the effective date of the denial,
suspension or revocation. The city administrator shall set a date
and time at which the applicant or permit holder will have the opportunity
to be heard and present evidence to the city administrator relative
to the rejection, suspension or revocation. The date shall be no later
than fourteen days after receipt of the appeal. Within seven days
after that hearing, the city administrator shall affirm, modify or
reverse the rejection, suspension or revocation. If the rejection,
suspension or revocation is modified or reversed, the chief of police
shall take action consistent therewith.
(b)
If the city administrator affirms the rejection, suspension
or revocation, he/she shall notify the applicant or permit holder
of his decision by mail within three days of his determination. The
applicant or permit holder may appeal the city administrator's determination
to the city council. Any appeal must be in written form, and be received
by the city clerk within ten days of the effective date of the mailing
of the notice of the city administrator's decision. The city clerk
shall then set the appeal as a public hearing item on the council
agenda at a regular or special meeting of the city council. The date
the appeal is set for hearing shall be no sooner than fifteen or later
than forty-five days following the receipt of the appeal. During the
hearing of the appeal, any person shall be entitled to be heard relative
to the rejection, suspension or revocation. If the council reverses
the rejection, suspension or revocation, the chief of police shall
issue or reinstate the permit.
[Ord. No. 1127, § 3,
Exh. A.]
The provisions of this article shall be deemed as supplemental
to the business license tax and any other pertinent laws and ordinances
of the city. The city and the Oakdale Police Department shall not
be responsible for costs incurred by the removal of abandoned vehicles
either from public or private property.
