Note: Prior ordinance history: Ord. Nos. 1475 and 1776.
As used in this chapter:
means any vehicle that is parked in violation of the laws
of the City, County of Orange or the State of California.
means a tow service which is under contract with the City
to respond to police-initiated requests for tow services.
means and includes every person, partnership, firm, or corporation
owning or controlling any tow truck.
means any vehicle storage facility which provides to the
public the service of storing or holding vehicles.
means any service where vehicles are towed or otherwise moved
from one place to another.
means any vehicle or device used to tow or otherwise remove
vehicles from one place to another. This includes a motor vehicle
which has been altered or designed and equipped for, and used in,
the business of towing vehicles by means of a wheel lift, crane, hoist,
tow-bar, tow-line rollback, or dolly or is otherwise used to render
assistance to other vehicles.
means and includes a person who drives or is in actual physical
control of a tow truck.
(2316 § 1, 1995; 2808 § 1, 2012)
As used in this chapter, "tow operation" or "tow service" means
the activity of towing and/or storing of vehicles, including the removal
of vehicles from private property, and the performance of other services
incidental to towing, for compensation within the City, and shall
include any official police tow service, designated by City Council
resolution.
(2316 § 1, 1995; 2808 § 1, 2012)
A.
The
provisions of this chapter shall not apply to any towing operation
that:
1.
Provides
tow services exclusively to members of an association, automobile
club or similar organization, and receives remuneration only from
the sponsoring association, automobile club or similar organization;
2.
Provides
tow services without charge or fee for other vehicles owned or operated
by the individual or organization furnishing the tow service;
3.
Provides
tow service for other vehicles owned or operated by the individual
or organization furnishing the tow service, but which are being operated
under terms of a rent or lease agreement or contract, and such towing
is performed on a nonprofit basis or the fee is part of the rent or
lease agreement or contract;
4.
That
provides tow service for vehicles in the City on a nonemergency towing
assignment. A nonemergency includes the towing of vehicles that have
been involved in a collision, but have been removed from the scene;
that have experienced mechanical failure, but have been removed from
the roadway and no longer constitute a hazard; or that, being mechanically
operative, are towed for convenience. All nonemergency towing assignments
require authorization from the registered owner, legal owner, driver,
or other person in control of the vehicle. Persons soliciting for
such nonemergency towing assignments within the City shall operate
within the provisions of this chapter and are required to have a permit.
B.
The
above exemption from regulatory provisions of this chapter does not
constitute an exemption from business tax.
(2316 § 1, 1995; 2808 § 1, 2012)
Except the exemptions in Section 5.52.030, no person, company or corporation shall engage in, manage, conduct or operate a towing service business within the City, including towing and/or storing of vehicles from private property, in the absence of a towing operation permit issued pursuant to the provisions in this chapter and a business tax certificate issued pursuant to Chapter 5.01.
(2316 § 1, 1995; 2808 § 1, 2012)
A.
The
tow service permittee shall carry in each tow truck an original or
a photocopy of a current business tax certificate and a valid tow
service permit. The tow service permittee or its drivers shall on
demand show the current business tax certificate and a valid tow service
permit to a police officer or a person duly authorized to enforce
this Code.
B.
Every
tow truck driver shall have on his or her person a valid tow truck
driver's permit issued pursuant to this chapter when driving a tow
truck in the City. The permit shall bear the name, physical description,
thumb print, photograph of the permittee, and the name of the tow
service employing the permittee.
1.
The
tow truck driver on demand shall show the permit to a police officer
or a person duly authorized to enforce this Code.
2.
It
is the obligation of tow service permittee to insure that the tow
truck driver's permit is returned to the Police Department immediately
upon suspension, revocation, or termination of employment of the tow
driver.
(2316 § 1, 1995; 2808 § 1, 2012)
A.
Any person, company or corporation desiring to obtain or renew a tow operation permit to engage in, manage, conduct, or operate a towing service within the City shall apply as provided in Section 5.52.090 of this chapter.
B.
Each
application submitted will be accompanied by a nonrefundable application
fee as established by City Council resolution.
(2316 § 1, 1995; 2808 § 1, 2012)
A.
Every
person, whether acting as an individual owner, employee of the owner,
operator or employee of the operator, or whether acting as a mere
helper for the owner, employer or operator, or whether acting as a
participant or worker in any way, who operates or conducts a towing
service pursuant to this chapter without first obtaining a permit
from the City or who shall violate any provisions of this chapter,
shall be guilty of a misdemeanor.
B.
Each
person shall be guilty of a separate offense for each and every day
or portion thereof during which any violation of any of the provisions
of this chapter is committed, continued or permitted to be committed
or continued.
C.
Any
tow service establishment operated, conducted or maintained contrary
to the provisions of this chapter is unlawful and will be considered
a public nuisance, and the City Attorney may, in addition to or in
lieu of prosecuting a criminal action hereunder, commence an action
or actions, proceeding or proceedings for the abatement, removal from
and of, in the manner provided by law and shall take such other steps
as deemed necessary and shall apply to such court or courts as may
have jurisdiction to grant such relief to abate or remove such tow
services from the City.
(2316 § 1, 1995; 2808 § 1, 2012)
A.
The
City shall keep all information provided on applications for tow service
permits confidential, pursuant to any state laws.
B.
The
completed application shall include but is not limited to the following:
1.
If
a sole proprietor, the full name, date of birth, driver's license
number, business and residence address of the applicant; or if a corporation,
its name, date and place of incorporation, address of its principal
place of business, and the names of its principal officers, together
with their respective residence addresses; or if a partnership, association
or unincorporated company, the name of the partners, or the persons
comprising such association or company, and the business and residence
of each partner and person;
2.
The
addresses of all available public automobile storage facilities that
the applicant will use for the storage of towed vehicles;
3.
Written
proof that the applicant is over 18 years of age;
4.
The
names, addresses and driver's license number, and all information
required of all tow truck drivers employed by the applicant. The applicant
will provide this information for any change in employee status within
10 business days from the date of the change, after the issuance of
the permit;
5.
The
year of manufacture, make, model, vehicle identification number, license
number, unladen weight, load gross vehicle weight rating (GVWR) capacity
weight and type of each tow unit which the applicant proposes to use
in the operation of the business;
6.
The
business, occupation or employment history of the applicant for the
three years immediately preceding the date of the application;
7.
The
business license and permit history of the applicant, owner or profit
interest holder in the tow service;
8.
All
criminal convictions or proceedings in which a plea of guilty or nolo
contendere was entered including vehicle code violations;
10.
Any other identification and documentation that is reasonably necessary
to effectuate the purpose of this chapter.
(2316 § 1, 1995; 2808 § 1, 2012)
A.
Any
applicant for a permit pursuant to these provisions shall first obtain,
complete and return a business tax application to the business tax
office. A letter of business intent will be prepared in triplicate
by the business tax clerk to be hand carried by applicant to the Police
Department. The applicant shall obtain a permit application at the
Police Department, complete and return along with a copy of the company's
insurance policy to the Police Department. The Chief of Police or
his or her designee, shall have a reasonable time in which to investigate
the application and the background of the applicant. Based upon such
investigation, the Chief of Police, or his or her designee, shall
issue a permit or deny same.
B.
The
City Building Division and the Fire Department, on request of the
Chief of Police, shall inspect the premises proposed to be devoted
to that of a public automobile storage facility and shall make recommendations
to the Chief of Police or his or her designee.
C.
The
Police Department Traffic Division shall inspect the tow trucks and
towing equipment and make recommendations to the Chief of Police or
his or her designee.
D.
The
Chief of Police or his or her designee shall not issue a permit if,
based upon his or her investigation, he or she finds any one or more
of the following:
1.
Evidence
shows that the permit applicant has deliberately falsified or not
completed the application;
2.
The
permit applicant fails to furnish the information and documents required
by this chapter;
3.
The
preceding record of such permit applicant reveals a conviction or
a plea of nolo contendere or guilty of a misdemeanor or felony crime
involving sexual offenses or moral turpitude or a felony involving
sale or use of a controlled substances within the last 10 years;
4.
The
applicant has been convicted or pled nolo contendere or guilty to
a misdemeanor or a felony crime involving theft or embezzlement within
the last 10 years;
5.
The
preceding record reveals that the permit applicant permitted, through
an act of omission or commission, his or her employees or agent to
engage in any type of offense, misdemeanor, or felony, involving moral
turpitude. Under such circumstances, the conduct of the applicant's
employee or agent, if such conduct resulted in a conviction or a plea
of nolo contendere or guilty, will be considered imputed to the permit
applicant for purposes of denial;
6.
An
inspection or investigation by the City Building Division, Police
Department, or Fire Department reveals a deficiency, violation or
course of conduct that endangers the peace, health, safety, and general
welfare of the public;
7.
The
operation as proposed by the applicant, if permitted, would not comply
with all applicable laws including, but not limited to, the Garden
Grove Municipal Code;
8.
The
applicant is not 18 years old or older;
9.
The
applicant has a record of excessive violations of the vehicle code
which has resulted in the suspension or revocation of their driver's
license or a second driving under the influence or reckless driving
conviction within the last three years;
11.
The tow trucks or towing equipment of the applicant failed the initial
inspection and the applicant was unable to make the necessary repairs
to pass a reinspection by the Police Department Traffic Division;
12.
The applicant, his or her agent, or any person connected or associated
with the applicant as partner, director, officer, stockholder, associate
or manager has been refused a tow operation permit or had a tow operation
permit suspended or revoked by another city, within a year of applying
for a tow operation permit with the City.
E.
In the event the permit is denied by the Chief of Police or his or her designee, written notice of such denial shall be given to the applicant specifying the grounds for such denial. Notice of the denial of the permit shall be deemed to have been served upon personal service of the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her last known address. Within 15 business days from date of denial, any person denied a permit pursuant to these provisions may request a hearing, as described in Section 5.52.420.
(2316 § 1, 1995; 2808 § 1, 2012; 2830 § 1, 2013)
A permit shall expire after a term of one year. The permit can thereafter be renewed. Applications for renewal shall be subject to all provisions of this chapter and Chapter 5.01.
(2316 § 1, 1995; 2808 § 1, 2012)
Nothing herein shall constitute a waiver of the requirements
for the issuance and possession of a business tax certificate.
(2316 § 1, 1995; 2808 § 1, 2012)
The tow service permittee shall file with the Police Department
Traffic Division and will keep in full force and effect, a certificate
of insurance, insuring the public against any loss or damage that
can result to any person or property from the performance of towing
service activities or any incidental acts required by this chapter.
(2316 § 1, 1995; 2808 § 1, 2012)
The minimum liability limits shall be as follows:
A.
For
injury to any one person or death of any one person in any one accident
or occurrence, $1,000,000.00;
B.
For
injury to two or more persons or death of two or more persons in any
one accident or occurrence, $1,000,000.00;
C.
For
damage or destruction of property in any one accident, $50,000.00;
D.
All
policies shall contain a provision for the continuing liability up
to the full amount of the penalty, notwithstanding any recovery;
E.
The
policy shall contain a provision or endorsement that the policy shall
not be changed, canceled or terminated until notice in writing has
been given to the Police Department Traffic Division, at least 30
days prior to the time the cancellation shall become effective;
F.
The
tow service shall maintain workers compensation insurance if applicable.
The tow services shall require all subcontractors to provide workers
compensation insurance;
G.
Endorsements
for the policies shall designate the City as additional insured. The
tow service shall provide to the City proof of insurance in the form
of a certificate of insurance or an endorsement form signed by an
authorized representative of the insurance company. The forms shall
be approved by the insurance administrator.
(2316 § 1, 1995; 2808 § 1, 2012)
No tow service permittee shall conduct a towing operation at
a location other than the location specified in the permit.
(2316 § 1, 1995; 2808 § 1, 2012)
Tow service permits shall not be transferable except as provided
herein. Business tax certificates are nontransferable.
(2316 § 1, 1995; 2808 § 1, 2012; 830 § 2, 2013)
When a towing operation for which a permit has been issued is
sold or transferred to one of the transferees listed in this section,
the Chief of Police or his or her designee may endorse a change of
ownership on such permit upon written application by the transferee.
Only the following transferee or successors shall be entitled to such
transfer of the permit:
A.
Duly
qualified representatives of permittee regularly appointed by the
courts of competent jurisdiction, assignees for the benefit of creditors,
and spouses or children of permittee;
B.
The
surviving partner or partners of a dissolved partnership;
C.
A new
partnership consisting of the members of a predecessor partnership,
plus their spouse or spouses of any such members;
D.
A new
corporation, organized and controlled by an individual or unincorporated
permittee for the purpose of acquiring, or which has acquired the
assets of the business previously owned and operated by the permittee;
E.
Upon
dissolution of a closely held corporation, the stockholders to whom
the assets are distributed.
(2316 § 1, 1995; 2808 § 1, 2012)
A transferee or successor entitled to a transfer of permit must
file an application for the transfer with the Chief of Police within
30 days after he or she assumes control of the towing operation. The
Chief of Police or his or her designee may require evidence of the
transfer of ownership or control as he or she deems necessary. A fee
equal to 50% of the original fee for the permit shall accompany the
application.
(2316 § 1, 1995; 2808 § 1, 2012)
The Chief of Police or his or her designee may allow the transfer
of the permit to a transferee if he or she finds the transfer will
not adversely affect the peace, health, safety, convenience and general
welfare of the public, and the transferee possesses the qualifications
required of original applicants.
(2316 § 1, 1995; 2808 § 1, 2012)
Any person conducting a towing operation shall maintain a physical
location from which said business is conducted. Such physical location
shall provide an office with an adjacent yard for vehicle storage.
Such location, whether situated within or outside the City, shall
be approved by the Chief of Police or his or her designee, prior to
a permit being issued. A permittee may establish and maintain an additional
location with-in or outside the City as a yard for vehicle storage.
Such additional location shall be approved by the Chief of Police,
or his or her designee.
(2316 § 1, 1995; 2808 § 1, 2012)
Where no conflict exists with the City's zoning regulation or
other provisions of this Code, a change of location may be endorsed
on the permit by the Chief of Police, or his or her designee. A change
of location form must be submitted to the Business Tax Office and
the Police Department Traffic Division, accompanied by a change of
location fee as established by City Council resolution.
(2316 § 1, 1995; 2808 § 1, 2012)
A.
The
tow service shall maintain business records of the tow service including:
a description of the vehicle, nature of service, time, location, tow
truck driver handling the call and an itemized total charge. Inspection
of these business records by the Garden Grove Police shall be limited
to issues pertaining to a violation of the suspension or revocation
criteria set forth in this chapter.
B.
The
tow services shall maintain these records at the permittee's business
office and shall be kept for a minimum period of two years plus the
current year. The year is based on the calendar year.
(2316 § 1, 1995; 2808 § 1, 2012)
A.
An initial
inspection of each tow service's facility or facilities, records,
vehicles and equipment will be conducted by the Police Department
Traffic Division and/or the California Highway Patrol.
B.
Subject to subsection C of this section, and in addition to any inspections conducted by the California Highway Patrol, with the exception of the tow services on the police rotational tow list, which shall be subject to inspection by the Police Department up to two times per year (semi-annually), all other tow service permittees' towing equipment, facility or facilities shall be subject to inspection up to one time per year (annually) with notice, during normal business hours by the Police Department Traffic Division, and a report filed thereon.
C.
Notwithstanding subsection B of this section, each tow service permittee's towing equipment, facility or facilities can be inspected with cause, with 24 hours' notice, during normal business hours by the Police Department Traffic Division, and a report filed thereon. The Police Department may rely on inspections conducted by the California Highway Patrol. If any deficiencies or equipment violations are discovered during any Police Department of California Highway Patrol inspection, the tow service will be so advised in writing. The tow service will be given 10 business days to rectify the deficiency or violation. Failure to comply may result in the tow service permit being suspended.
D.
If in
the opinion of the Police Department Traffic Division, the deficiencies
or equipment violations which are discovered during any Police Department
or California Highway Patrol inspection prevent any vehicle from being
operated in a safe manner, the vehicle shall be taken out of service.
Failure to comply may result in the tow service being suspended.
(2316 § 1, 1995; 2808 § 1, 2012; 2830 § 3, 2013)
Inspections and reinspection fees shall be established by City
Council resolution. Inspection and reinspection fees are nonrefundable.
(2316 § 1, 1995; 2808 § 1, 2012)
With the exception of tow service calls dispatched to rotation
tow services by the Police Department, a tow service permittee or
a tow truck driver shall not attach a vehicle to a tow truck without
first receiving written authorization to do so by the registered owner,
the legal owner, driver, or other person in control of said vehicle.
Such authorization shall list the service offered and the rates required.
A copy of such authorization shall be furnished to the person authorizing
the tow, and shall list the name, address and telephone number of
the towing service business and the days and hours the business is
open for the release of vehicle. The authorization shall also be signed
by the tow truck driver performing the authorized service.
(2316 § 1, 1995; 2808 § 1, 2012)
A.
A permittee
shall furnish an itemized statement to the person authorizing the
towing service, or his or her agent. Such permittee shall furnish
an itemized statement of service performed including, labor and special
equipment used in towing the vehicle upon the request of:
B.
Such
permittee shall furnish a copy of the statement to any person authorized
to receive the statement without demanding payment as a condition
precedent.
(2316 § 1, 1995; 2808 § 1, 2012)
A.
The
tow service permittee shall provide for the release of vehicles Monday
through Friday from 8:00 a.m. to 5:00 p.m. excluding officially recognized
holidays. A tow service permittee may additionally release vehicles
on other days and hours.
B.
Upon
application to the Chief of Police, or his or her designee, and a
showing of a hardship by the permittee, an adjustment in the days
and hours during which vehicles may be released may be made.
(2316 § 1, 1995; 2808 § 1, 2012)
A.
The
permittee shall maintain on file with the Police Department a current
schedule of rates and charges for each offered service. No charges
other than the rates and charges specified in such schedule shall
be made, except:
1.
The
rates for towing and storage of illegally parked vehicles removed
from private property shall not be more than the rates established
for the tow services on the police tow rotation.
2.
All
tow services on the Police Department tow rotation list shall charge
reasonable fees for police rotation calls. The rates or fees charged
by the tow service for accident or impound calls will be those fees
as established by the Chief of Police or his or her designee. Rates
or fees per tow shall include all cleanup per California Vehicle Code
Section 27700.
B.
A tow
service shall post and maintain, conspicuously, in the office and/or
any location where customer's financial transactions take place, a
list of the rates and charges for all service offered.
C.
When
a tow service makes a change in rates and charges, it shall provide
the Police Department Traffic Division a copy of the new schedule
of rates, at least 10 business days prior to becoming effective. A
duplicate copy of such notice shall be posted next to the schedule
of the existing rates and charges for a period of 10 business days
in the office of the tow service permittee.
D.
Each
tow truck shall carry a printed copy, listing the charge rates for
each service provided by the tow operator for the general public.
E.
When
requested, the tow truck driver shall allow a citizen, whose car is
being towed, or a police officer or other designated employee of the
City to review the rate list.
F.
Rates
for lien fees are to comply with the California Vehicle Code, Section
22851.12.
G.
Payment
of tow fees shall be accepted as prescribed within California Vehicle
Code Section 22651.1 by cash or a valid bank card or, at the option
of the tow service, check or other acceptable forms. The tow service
shall keep a reasonable amount of cash on hand to make change for
cash transactions during normal business hours.
(2316 § 1, 1995; 2808 § 1, 2012)
In the performance of the services by the tow service, the tow
service shall act and be an independent contractor and not an agent
or employee of the City, and shall obtain no rights or any benefits
which accrue to the City's employees.
(2316 § 1, 1995; 2808 § 1, 2012)
The tow service shall not contract with any other entity to
perform the services required without the written approval of the
Police Department. Neither this agreement nor any interest may be
assigned voluntarily or by the operation of law, without the prior
written approval of the Police Department. If the tow service is permitted
to subcontract any part of this agreement, the tow service shall be
fully responsible to the City for the acts and omissions of the subcontractor
as it is for the acts and omissions of persons directly employed.
There shall be no contractual relationships between any subcontractor
and the City. All persons engaged in the work, including subcontractors,
will be considered employees of the tow service. The City will deal
directly with the tow service permittee.
(2316 § 1, 1995; 2808 § 1, 2012)
B.
Parts,
personal property or accessories shall not be removed from any vehicle
without authorization except as necessary for security purposes. Under
such circumstances, the parts, personal property or accessories removed;
stored in the business office and shall be listed on an itemized statement
and a copy of this statement shall be placed in the vehicle. This
section shall not be construed as prohibiting the permittee from making
emergency alterations necessary to permit the removal by towing of
such vehicle.
(2316 § 1, 1995; 2808 § 1, 2012)
The provisions of this chapter shall be applicable to all persons
and businesses described herein whether the herein described activities
were established before or after the effective date of this chapter,
except those in business as of the date of the enactment of the ordinance
codified in this chapter shall have 30 days to comply with the terms
herein.
(2316 § 1, 1995; 2808 § 1, 2012)
Unless specifically approved by the Police Department, a tow
service which is issued a permit to tow, and/or store vehicles, or
impound illegally parked vehicle from private property is not an official
police tow. The tow service shall not display, either on the premises
or on a tow truck any words, insignia, or other indication that the
tow truck service is an official police tow truck service.
(2316 § 1, 1995; 2808 § 1, 2012)
The City shall keep all information provided on applications
for tow truck drivers confidential, pursuant to any state laws.
1.
No person
shall operate or drive a tow truck, as defined in subsection (a) of
Section 615 of the California Vehicle Code without a written tow truck
driver's permit from the Chief of Police to act as a tow truck driver.
2.
No person
shall be employed as a tow truck driver until such time as said person
has received a written permit from the Chief of Police to act as a
tow truck driver.
3.
Tow
truck driver's permit issued pursuant to the provisions of this chapter,
unless sooner revoked, suspended or canceled, shall be effective for
a period of two years from the date of issuance and can be renewed
for successive two-year periods of time. Applications for renewal
shall be treated as an application for a tow truck driver's permit,
subject to all applicable provisions of this title. Applications for
renewal, and the appropriate fee, shall be filed with the Chief of
Police not later than 30 days before the expiration of the tow truck
driver's permit.
4.
It shall
be the responsibility of the tow service permittee to have all tow
truck drivers in their employ obtain a tow truck driver's permit from
the Chief of Police.
5.
An application
for a tow driver's permit shall be obtained from the Police Department.
The completed application shall be returned to the Police Department
accompanied by a nonrefundable fee, in an amount established by a
City Council resolution and shall contain the following information:
a.
The
full name, date of birth, place of birth, driver's license number,
resident address, and the name and business address of his or her
employer;
b.
The
occupation and employment history of the applicant for three years
immediately preceding the date of the application;
c.
Written
proof that the applicant is over 18 years of age;
d.
All
criminal convictions or proceedings in which a plea of guilty or nolo
contendere was entered including vehicle code violations;
e.
Two
complete sets of the applicant's fingerprints;
f.
Other
identification and documentation as reasonably necessary to effectuate
the purpose of this chapter.
6.
The
Chief of Police, or his or her designee, within 30 days or longer
upon a showing of good cause, shall conduct an investigation of the
applicant, and the application for a tow truck driver's permit may
be denied within the same period of time for any one of the following:
a.
Evidence
showing the applicant has deliberately falsified the application or
omitted information requested on the said application;
b.
The
applicant fails to furnish the information and documents required
by this chapter;
c.
The
preceding record of the permit applicant reveals a conviction or a
plea of nolo contendere or guilty of a misdemeanor or a felony crime
involving sexual offenses or moral turpitude or a felony involving
sales or use of a controlled substance within the last 10 years;
d.
The
applicant is not of the age of 18 years or older;
e.
The
applicant has a record of excessive violations of the vehicle code
which has resulted in the suspension or revocation of their driver's
license or a second driving under the influence or reckless driving
conviction within the last three years;
f.
The
applicant does not hold a valid California driver's license or any
certificate or license applicable to his or her job as a tow truck
driver, as required by federal, state or county laws and/or regulations;
g.
The
applicant has been convicted or pled nolo contendere or guilty to
a misdemeanor or a felony crime involving theft or embezzlement within
the last 10 years;
h.
The
applicant is a narcotics offender or uses dangerous drugs.
7.
In the event the permit is denied by the Chief of Police or his or her designee, written notice of such denial shall be given to the applicant specifying the grounds for such denial. Notice of the denial of the permit shall be deemed to have been served upon personal service of the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her last known address. Within 15 business days from the date of the denial, any person denied a permit pursuant to these provisions can request a hearing, as described in Section 5.52.420.
(2316 § 1, 1995; 2808 § 1, 2012; 2830 § 4, 2013)
A.
Each
tow service permittee under this chapter shall file with the traffic
division of the Police Department the name, address, birthday, birthplace,
driver's license number, and all other information required of any
tow truck driver employed by the permittee subsequent to the date
of the tow truck driver application which information shall be filed
not later than 10 business days following the date of such employment.
B.
Each
tow service permittee under this chapter shall notify the Traffic
Division of the Police Department of the name of any tow truck driver
no longer employed by such permittee. This notification shall be given
to the Traffic Division no later than 10 business days following the
last date of such operator's employment by said permittee.
(2316 § 1, 1995; 2808 § 1, 2012)
Tow drivers shall be proficient in the use of the tow truck
they are driving and related equipment, including, but not limited
to the procedure necessary for the safe towing and recovery of various
types of vehicles. It is the responsibility of the tow service permittee
to ensure its drivers are qualified and competent employees of the
business.
(2316 § 1, 1995; 2808 § 1, 2012)
Requirements for police rotational tow services will include
the aforementioned municipal code sections, as well as subsections
(1) through (26) of this section:
1.
The
Police Department has determined that a rotation list of tow services
is necessary to ensure that service is adequate at all times and calls
for service are distributed in an equitable manner. Each year the
Chief of Police or his or her designee shall reevaluate the number
of tow services participating in the Police Department rotation tow
service and depending on the needs of the Police Department the number
of tow services may be raised or lowered.
2.
Tow
services participating on the Police Department rotation list will
be per a contract with the Police Department. The tow service shall
abide by this chapter and any rules or regulations included in the
contract. A rotational tow service who fails to abide by this chapter
and any rules or regulations included in the contract can be suspended
for cause from the rotational tow list for up to one year.
3.
In the
event a tow service is unable to respond to calls at the request of
the Police Department, it shall be understood that the Police Department
has the right to call the next tow service on the rotation list. The
original tow service will be placed on the bottom of the rotation
list. It is incumbent upon the tow service to advise the police dispatcher
of any problems that may arise to adversely affect response time.
4.
The
tow service shall have its business office and storage lots within
two and one-half miles of the City limits, as measured by a straight
line, without regard to intervening structures or objects, from the
nearest point on the property line of the parcel where the tow service
is located to the nearest point on the City limit boundary.
5.
The
Police Department, in order to expedite service can request a tow
service out of order on the rotation list. The tow service requested
will not lose its place on the rotation list.
6.
Vehicles
brought to the Police Department or a designated facility from the
scene for processing and then towed to the tow yard will incur an
additional second tow fee equal to one-half of the regular tow fee.
Storage fees will not start until this vehicle is stored at the towing
facility.
7.
The
tow services shall maintain 24-hour-a-day service. Telephone service
maintained by the tow services shall be adequate to receive police
calls without delay. The telephone terminals shall be monitored at
all times. Recording machines or similar devices are not allowed.
If a call from the Police Department is not answered within six rings
or the line is busy, or placed on hold for more than a minute, the
call will be terminated, the tow service will be placed on the bottom
of the rotation list and the tow service next in line will be called.
8.
The
tow service will be responsible and held accountable for personal
property, vehicle accessories and the vehicle upon receipt of the
vehicle from the Police Department. The City, its officers, agents
or employees shall not be liable for loss of, or damage to any vehicle,
accessory, equipment or personal property towed or stored upon the
receiving tow truck driver receipting for the vehicle by his or her
signature on the stored vehicle report form.
9.
The
tow service shall not dispose of or otherwise relinquish control of
any vehicle stored or impounded by the Police Department without a
written authorization to do so. The written authorization is required
for any vehicle stored or impounded by the Police Department for which
the tow truck driver signs a stored vehicle report form and receives
a copy of the stored vehicle report. The Police Department stored
automobile release form will be the normal form for release.
10.
The
release of property from a vehicle will be handled in the same manner
as a vehicle release. The stored automobile release form will again
be used, but a stamp, "property only" will be utilized at the top
of the form. The person who authorizes the release of the property
will make the modification and will be specific as to description
of the property to be released.
11.
Vehicles
will be released during the business hours of 8:00 a.m. to 5:00 p.m.,
Monday through Friday, excluding holidays and weekends. There will
be, however, occasions arising that can require "after hours releases"
of certain vehicles. When the circumstances appear to justify an "after
hour release" of a vehicle, approval of the release must be secured
from the on-duty police supervisor.
12.
An
"after hours release" fee will be included on the fee schedule established
by the City.
13.
For
purposes of clarity, vehicles towed or stored at the request of citizens,
for which no stored vehicle report is utilized, will not require a
stored automobile release. Citizens requesting the towing of vehicles
under their control shall enter into an agreement with the tow service
and the Police Department will act as an avenue of communication between
the citizen and the tow service.
14.
When
a party obtains a Police Department stored vehicle release and presents
it to the tow service, the vehicle and/or property shall be released
to that person upon verification of identity and the payment of the
fees. The "property only" releases will be paid by the registered
owner to the Police Department records counter and an after hours
fee will be paid to the tow service for "property only" or vehicle
releases after the normal business hours of the tow service.
15.
Once
the tow service has received the Police Department stored automobile
release, the tow service is no longer obligated to the Police Department
for the continued safe storage of the vehicle and/or property taken.
16.
If
after a "property only" release is obtained, the registered owner
may return to the records counter, produce the paid receipt for the
"property only" release and request a vehicle impound release at no
extra charge.
17.
In
the event a vehicle has been stored or impounded by the Police Department
due to error or negligence, no charges or fees shall be paid and the
vehicle shall be released to the owner or the owner's agent. Nor shall
the Police Department or the City be liable for any such charges or
fees, except the initial tow fee. If the error is not discovered for
a period of five business days after the vehicle is stored and the
tow service has initiated lien sale process, as required by California
Vehicle Code Section 22851.8, the tow service shall be entitled to
also recover actual costs incurred to initiate the lien.
18.
In
the event a tow truck driver has hooked up a vehicle at the direction
of the Police Department and the vehicle owner or person in control
of the vehicle appears, and the officer decides the vehicle can be
released at the scene, then a payment of one-half of the tow charge
will be paid to the tow truck driver by the vehicle owner or person
in control of the vehicle prior to the vehicle being dropped. The
Police Department officer will complete the stored vehicle report
noting the release and payment. The officer will then give the tow
truck driver the copy as though the tow had been completed. A case
number will be assigned to the release of the vehicle, no SVS entry
will be made.
19.
In
the case of a vehicle stored or impounded by the Police Department
that is of low value and qualifies as a junk vehicle as described
within California Vehicle Code Section 22670 or California Vehicle
Code Section 22851.10, the tow service may request D.M.V. Form 462,
Public Agency Authorization to Dispose of a Vehicle to a Scrap Iron
Processor or Dismantler, in lieu of obtaining the stored automobile
release to process a lien sale for the vehicle. This form will suffice
for final disposition of the vehicle and no other release is necessary.
Form 462 cannot be issued for 15 days from the day first stored at
the tow facility.
20.
In
addition to the storage yard the tow service shall maintain a closed
building that affords storage of two additional full size vehicles.
This enclosure shall be of such size and construction to allow for
forensic services examination of the cars in a dry environment during
inclement weather. Access to this enclosed storage building shall
be severely limited by the investigator assigned the case for which
the vehicle has been impounded.
21.
A
tow service must advise the Police Department Traffic Division in
writing within 10 business days, if a person picking up a vehicle,
complains to the tow service of damage to the vehicle which the tow
service permittee denies responsibility; or any missing vehicle accessories
or personal property from the vehicle.
22.
All
employees of the tow service who have access to the storage yard or
the personal property which is taken out of a vehicle for safe keeping,
must provide a complete set of finger prints and complete an application.
23.
All
towing equipment, recovery equipment, and carrier ratings are based
on structural factors only. Actual towing, carrying, and recovery
capacity can be limited by the capacity of the chassis and the optional
equipment selected. The criteria to determine the safe towing limits
are:
a.
The
total weight of the truck, including the lifted load, must fall within
the manufacturer's gross vehicle weight rating (GVWR) and not exceed
either the front or rear axle weight ratings (FAWR, RAWR);
b.
The
truck must meet all applicable state and/or federal standards;
c.
A
tow driver when towing a vehicle shall not exceed the GVWR and the
axle weight rating (AWR) for the tow truck.
24.
The
following equipment is required to be on the Police Department tow
service rotation:
a.
A
minimum of three operational tow trucks, as listed below, with two
having a minimum GVWR of 14,000 pounds. A tow service cannot use a
tow truck with a class rating of less than one ton;
i.
Two conventional sling or wheel lift type tow trucks,
ii.
One rollback car carrier,
iii.
A tow service permittee who has only two tow trucks operational must
advise the Police Department Traffic Division,
iv.
A tow service permittee with two or less tow trucks operational for
a period of 10 days, excluding holidays and weekends, will be removed
from the rotational list, until the service has three tow trucks operational;
b.
Two
trash cans and absorbent;
c.
Lockout
tools;
d.
Two-way
radios (base to truck, not CBs);
e.
Miscellaneous
hand tools (required to remove a driveshaft if necessary);
f.
Portable
or collapsible, functional dollies on wheel lift and conventional
tow trucks;
g.
All
equipment as required by the California Vehicle Code.
25.
Response
times are required for the Police Department rotation tow operators
per the administrative orders of the Chief of Police. The response
time is measured from the time the tow operator is notified by the
police dispatcher to the time of arrival at the scene by the tow truck.
It is understood there are occasions that a longer response time is
required during peak traffic periods from 0700—0900 and 1500—1800
hours. It is incumbent upon the tow operator to advise the police
dispatcher of any problems that may occur to adversely affect the
tow truck's response time at the scene.
26.
Every
tow service shall maintain an enclosed facility or storage yard. Access
to the yard shall be restricted to current employees and law enforcement
officials conducting official business. All others given access to
the facility shall be escorted by either an employee or a law enforcement
official.
a.
The
storage yard shall be of a size that a minimum of 75 cars may be reasonably
stored. The storage yard shall be enclosed with a concrete block wall
or chain-link type fence of a height of not less than six feet. The
top of the fence shall be equipped with two or more strands of barbed
wire installed in such a manner as to discourage access by climbing
the fence. Concertina type razor wire may be substituted for barbed
wire, subject to Police Department approval.
b.
The
bottom edge of the fence shall not rise more than two inches above
the finished surface of the parking area of the storage yard. A secure
locking system shall be a part of the gate and it shall otherwise
meet the same standards for security as described for the fence.
c.
All
yard fencing, walls, roof, gates, doors, locks, etc. shall be maintained
in good repair. Any damage affecting security of vehicles and/or evidence
shall be repaired within a 24-hour period.
(2316 § 1, 1995; 2808 § 1, 2012; 2830 § 5, 2013)
This Code does not replace the California Vehicle Code or any
federal, county, or state regulations and laws relating to the towing,
impounding and storage of vehicles from private property. Any person,
association, firm, or corporation shall conduct or carry on the business
of towing, impounding and storing illegally parked vehicles from private
property located within the City pursuant to this chapter, the California
Vehicle Code, and/or any state, federal and county laws and regulations.
(2316 § 1, 1995; 2808 § 1, 2012)
A.
Notification.
Before authorizing a tow service to remove any illegally parked vehicle
from private property, the owner or person in lawful possession of
the private property must notify the Police Department of:
1.
The
name, address, and phone number of the person authorizing removal
of the illegally parked vehicle from private property;
2.
The
location of the private property from which the vehicle is to be removed;
3.
The
name of the tow company towing the vehicle;
4.
The
license number, vehicle identification number, model, and color of
the vehicle to be removed;
5.
The
name and address of the person reporting the private property impound
if different than the person authorizing the removal.
B.
The
owner, or in the case of an apartment or condominium, the association,
may designate an agent to enforce the provisions of this chapter.
However, such agent designated, cannot be made to any owner, operator,
affiliate or employee of any towing company. The person, partnership
or corporation so designated as an agent cannot enforce the provisions
of this chapter without:
1.
Filing
with the Police Department Traffic Division a copy of the agreement
delegating the responsibility to enforce the provisions of this chapter;
2.
If
applicable, a current business tax certificate to do business in the
City;
3.
Permits
or certificates as required to do business in the State of California,
the County of Orange and the City;
4.
An
application on file with the Police Department, as provided by the
Police Department. If the agent lives on the premises in which they
are enforcing the provisions of this chapter, they are exempt from
filing an application with the Police Department. This exemption does
not constitute an exemption from business tax or any permits or certificates
as required to do business in the State of California, the County
of Orange and the City, if applicable.
C.
It is
the responsibility of the tow service permittee or his or her tow
truck driver to verify that the Police Department has been notified
by the owner, agent or person in lawful possession of the private
property prior to the tow truck driver removing any illegally parked
vehicle.
D.
If the
owner, agent or person in lawful possession of the private property
can not locate a license plate or V.I.N number on the vehicle, the
vehicle cannot be removed from private property, until the Police
Department is able to respond and verifies the vehicle is not stolen.
The owner, agent or person in lawful possession of the private property
can request the assistance of a tow service permittee or his or her
driver in locating the V.I.N number on a vehicle.
E.
The
tow service shall notify the Police Department within 30 minutes after
an illegally parked vehicle has been towed from private property.
F.
No vehicle
shall be removed from private property, unless the person authorizing
the impound is physically present and at that time, gives written
authorization to the tow service. The permittee shall within one business
day forward to the Police Department Traffic Division a copy of the
signed authorization.
G.
The
signed authorization form shall be preapproved by the Police Department
Traffic Division and contain:
1.
The
name of the tow company towing the vehicle;
2.
The
name of the tow driver;
3.
The
date and time of the impound;
4.
The
make, model, color, license number and vehicle identification number;
5.
The
reason for the removal of the vehicle from private property;
6.
The
address of the property where the vehicle was impounded from;
7.
The
name and address of the person reporting the private property impound
if different than the person authorizing the removal;
8.
The
printed name and signature of the person authorizing the impound.
H.
When
the owner or the person in charge of the vehicle arrives at the scene
prior to the vehicle being removed and disputes the tow truck driver's
authority to remove the vehicle, it shall be the duty of the tow truck
driver to remain at the location for the arrival of the Police. This
is after the tow truck driver has been advised the person has or is
going to summon the Police. There shall be no additional charges for
the time required for the arrival of the Police or for the Police
to resolve the matter.
I.
A tow
truck driver may enter a locked vehicle in order to remove it from
legally posted private property; however, he or she shall be liable
(under provisions of Section 22658(d) of the California Vehicle Code)
for any damage to the vehicle resulting from any intentional or negligent
act of any person causing the removal of, or removing the vehicle.
J.
Every
tow truck driver who removes a vehicle from private property shall
cause a written inventory to be made describing the condition of the
vehicle, including mileage. In the event the vehicle has been opened
by the tow truck driver or any other employee or agent of the tow
service, the inventory shall also include a complete listing of all
property contained in the vehicle. A copy of the inventory shall be
made available to the vehicle owner or person in lawful charge of
the vehicle without charge and a copy shall be delivered or mailed
to the police traffic division within 48 hours, excluding Saturday,
Sunday and holidays.
K.
A tow
service shall at all times keep a copy of the private property impound
rules and regulations posted in a conspicuous place on the premises.
The tow services shall furnish upon request of and without demanding
payment as a condition precedent, a copy of these rules and regulations
to:
L.
An illegally
parked vehicle removed from private property shall be towed or otherwise
transported to the nearest available public automobile storage facility.
The nearest available public automobile storage facility is defined
as that facility which is closest to the private property from which
the illegally parked vehicle was towed or otherwise removed, or a
storage lot of the permittee which is within one-half mile of the
City limits, if approved by the Police Department.
M.
The
public automobile storage facility used to store illegally parked
vehicles removed from private property shall be the permittee's primary
storage lot or a lot with an office, personnel and facilities for
customers to handle financial transactions and for vehicles to be
released to and picked up by the owner or person in lawful possession
of the vehicles.
N.
No permittee
may use a public automobile storage facility to store illegally parked
vehicles removed from private property which is more than one-half
mile from the City limits, unless otherwise approved by the Police
Department Traffic Division.
O.
The permittee shall not tow from private property unless the private property has displayed signs visible from 25 feet at each vehicular entrance. There shall also be displayed one additional sign, visible from 25 feet, every 100 feet thereafter. The type of sign shall comply with Section 10.56.220. Each sign shall contain the following message:
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NO PARKING
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UNAUTHORIZED VEHICLES SUBJECT TO TOW-AWAY AT OWNER'S EXPENSE
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CVC 22658
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GARDEN GROVE POLICE TELEPHONE (714)741-5704
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(2316 § 1, 1995; 2808 § 1, 2012)
A.
The
Chief of Police or his or her designee can, at his or her discretion
or upon the verified complaint in writing of any person, investigate
the action of any tow service permittee or tow truck driver, and based
on evidence that any provision of this chapter has been violated,
suspend for up to one year or revoke a permit of any permittee.
B.
The permittee shall be provided with written notice specifying the grounds for such suspension or revocation, by first class mail, postage prepaid, or by delivering the same to such person or by leaving such notice at the place of business or residence of the permittee. The permittee may request a hearing, in writing and within 15 business days of the mailing of the notice of suspension or revocation, as described in Section 5.52.420. In the event an appeal is timely filed, the suspension or revocation shall not take effect until a decision has been rendered by the Chief of Police or his or her designee, or the appellate body where an appeal has been filed, unless it is necessary to immediately suspend or revoke the permit in order to protect evidence of a crime or to preserve the public health, safety or welfare. If no appeal is filed, the suspension or revocation shall become effective upon expiration of the period for filing the appeal.
C.
It is
unlawful for any person to conduct or carry on a tow operation business
until a permit, suspended or revoked, has been reinstated by the Chief
of Police or his or her designee.
(2316 § 1, 1995; 2808 § 1, 2012)
A.
It shall
be grounds for suspension or revocation of a tow service permit, if
any permittee, his or her agent or employee or any person connected
or associated with the permittee as an operator, director, officer,
stockholder, general manager, or person who is exercising managerial
authority of or on behalf of the permittee has committed any one of
the following acts:
1.
Has
been convicted of a felony or any crime involving theft, embezzlement,
stolen property, fraud or crimes of violence within the last 10 years;
2.
Has
committed any false, fraudulent, deceptive or dangerous act while
conducting towing service business;
3.
Has
published, uttered or disseminated any false, deceptive or misleading
statements or advertisement in connection with the operation of the
towing service;
4.
Has
conducted the towing service in a manner contrary to the peace, health,
safety and general welfare of the public;
5.
Has
violated or permitted other persons to violate, through an act of
omission or commission by the permit holder, any felony or misdemeanor
crime involving sexual offenses or moral turpitude, or a felony involving
sales or use of a controlled substance, or any act of dishonesty,
fraud, within the last 10 years;
7.
Had
an inspection or investigation by the City Building Division, Police
Department, or Fire Department which revealed a deficiency, violation,
or conduct that endangers the peace, health, safety and general welfare
of the public;
8.
Employs
tow truck drivers under 18 years of age;
9.
Fails
to notify the Police Department Traffic Division in writing of any
names, addresses, driver's license number of any newly employed tow
truck driver within 10 business days of their hire date, or failed
to notify the Traffic Division within 10 business days of any tow
truck driver who is no longer employed by such permit holder;
10.
Fails to obtain and maintain a current business tax certificate to
operate and/or conduct business within the City;
11.
Has charged fees in excess of the schedule rates adopted by the Police
Department for rotational tow services or in excess of any federal,
state, county or city laws or regulations for towing and/or storage
of vehicles or any service incidental to towing;
12.
Has allowed the services of a driver with a record of excessive violations
of the vehicle code which has resulted in the suspension or revocation
of their driver's license or a second driving under the influence
or reckless driving conviction within the last three years, to remain
in their employment as a driver;
13.
Fails to comply with any California Vehicle Code, federal, state,
or county regulations and laws relating to towing and/or storing of
vehicles, including the impounding and storing of vehicles from private
property;
14.
Fails to maintain control of any personal property, vehicle accessories
and vehicles which have been towed;
15.
Fails to reimburse the vehicle or property owner for the damage or
loss that have been determined to have occurred while the vehicle
was in the custody of the tow service.
B.
It shall
be grounds for suspension or revocation of a tow truck driver's permit,
if any permittee has committed any one of the following acts:
1.
Has
a conviction or a plea of nolo contendere or guilty of a misdemeanor
or felony crime involving sexual offenses, theft, embezzlement, stolen
property, fraud, crimes of violence or moral turpitude, or a felony
involving sales or use of a controlled substance within the last 10
years;
2.
Has
a California driver's license which has been suspended or revoked;
3.
Has
been arrested for driving under the influence while driving a tow
truck;
4.
There
is evidence the tow truck driver has been drinking an alcoholic beverage
or using a controlled substance during the time the driver was operating
a tow truck;
5.
The
applicant has a record of excessive violations of the vehicle code
which has resulted in the suspension or revocation of the drivers
license or a second driving under the influence or reckless driving
conviction within the last three years;
6.
Has
violated or was present when others violated, through an act of omission
or commission any felony or misdemeanor crime involving sexual offenses
or moral turpitude or a felony involving sales or use of a controlled
substance, within the last 10 years;
7.
Fails
to notify the Police Department within 10 business days of any change
in their application;
8.
Fails
to carry their tow truck driver permit on their person, when operating
a tow truck in the City;
9.
Has
committed any act constituting dishonesty or fraud;
10.
Has operated his or her tow truck in a manner contrary to the peace,
health, safety and general welfare of the public.
(2316 § 1, 1995; 2808 § 1, 2012; 2830 § 6, 2013)
The following acts committed by a tow service permittee, his
or her agent, employee or any person connected or associated with
the permittee as a director, officer, stockholder, general manager,
person who is exercising managerial or a tow truck driver shall be
additional grounds for the suspension or revocation of any permit
issued pursuant to this chapter:
A.
Has
knowingly made false, misleading or fraudulent statements of a material
fact in a report or record required to be filed with the Police Department;
B.
The
permittee, his or her agent or employee, obtained a tow contract by
use of fraud, trick, dishonesty or forgery;
C.
The
permittee, his or her agent or employees, stopped and solicited on
any street, highway or other public thoroughfare the rendering of
assistance to a person or disabled vehicle without first being requested
to do so, except to render emergency aid when there exists an imminent
peril to life or property;
D.
The
permittee, his or her agent or employee, towed a vehicle to a location
other than listed as the business address of such permittee without
first receiving authorization to do so by the person authorizing the
tow;
E.
The
permittee, his or her agent or employee, has conspired with any person
to defraud any owner of any vehicle, or any insurance company, or
any other person financially interested in the cost of the towing
or storage of any vehicle, by making false or deceptive statements
relating to the towing or storage of any vehicle;
F.
The
permittee, his or her agent, or employee, removed a vehicle involved
in a collision prior to arrival of police, and a person, as a result
of such collision, suffered death or injury; or the driver of an involved
vehicle, or a party to such collision, was under the influence of
a drug or intoxication of any nature; or there is evidence that such
vehicle was involved in a hit and run collision;
G.
The
permittee, his or her agent or employee, has charged for services
not performed, equipment not employed or used, service or equipment
not needed, or has otherwise materially misstated the nature of any
service performed or equipment used.
(2316 § 1, 1995; 2808 § 1, 2012)
A.
An appeal
may be filed by requesting in writing a hearing with the right to
present evidence within 15 business days of such action, with the
Chief of Police or his or her designee.
B.
Upon
receipt of a request for a hearing by the permittee, as provided in
this Code, the permittee shall be notified by United States mail,
or by delivering the same to such person, or by leaving such notice
at the place of business or residence of the permittee, of the time
and place of the hearing. The hearing shall be held within 30 days
after receipt of a request for hearing, unless the permittee waives
this time period, in which case the hearing may be held on a later
date. Any hearing, once commenced, may be continued by the Chief of
Police or his or her designee or on request of the permittee, upon
a showing of good cause and approval by the Chief of Police or his
or her designee.
C.
At the
conclusion of the hearing, the Chief of Police or his or her designee,
shall render a written decision which shall be sent to the permittee
by United States mail within five business days, following the conclusion
of the hearing. Such written decision shall become effective the date
of mailing of the notice.
(2316 § 1, 1995; 2808 § 1, 2012)
A.
An appeal
may be taken to the Chief of Police's decision by filing a notice
of appeal with the City Clerk within 15 business days from date of
the decision.
B.
The City Clerk shall schedule a hearing to be held by the City Council within 45 days after the filing of the appeal. The appeal hearing shall be conducted pursuant to Chapter 2.60 of this Code.
C.
Notice
of the date, time and place of the hearing shall be mailed, postage
prepaid, at least 10 business days prior to the hearing, to the permittee,
at the address given in the notice of the appeal, or if none is provided,
to the address in the permit application.
(2316 § 1, 1995; 2808 § 1, 2012)
When the tow service operation permit of any person, company
or corporation or the tow driver's permit of any person is suspended,
revoked or denied for cause, no new or other application for a permit
shall be accepted within one year after such revocation or denial.
(2316 § 1, 1995; 2808 § 1, 2012)
