The following words and phrases, when used in this chapter,
shall be construed as herein set forth, unless it is apparent from
the context that a different meaning is intended.
means a certificate of public convenience and necessity awarded
by the city council.
means the city of Placentia.
means those vehicles that are towed to a storage area and
held for investigation by order of the police department.
means any tow service designated by the city council to perform
vehicle towing for the city.
means every person, whether individual or corporate, who
owns, operates, controls, or has a financial interest in any official
tow service.
means a permit issued by the city license and tax collector.
means those charges that are contractually established, and
ratified by the city council, for the towing, storage, and impound
of vehicles by the official towing service in response to requests
by the city.
means every building, yard, enclosure, or holding area operated
by the official tow service for the keeping and protection of vehicles
stored or impounded by the police department.
means any vehicle towed to a holding area (excluding impounded
vehicles) by order of the police department.
(Ord. 79-O-120, 1979; Ord. 93-O-106 § 1, 1993)
No owner shall operate an official tow service in the city unless
such owner has obtained a certificate of public convenience and necessity
to do so as provided for by this chapter. Nothing contained in this
chapter shall be deemed, expressly or impliedly, to limit the city
to granting an exclusive franchise to any single owner, operator or
operators.
(Ord. 79-O-120, 1979)
Each applicant for a certificate of public convenience and necessity
shall apply for a permit from the city license and tax collector,
if the applicant does not already have such a permit which is current
and in good standing.
(Ord. 93-O-106 § 2, 1993)
Each applicant for application for a certificate of public convenience
and necessity shall be in writing and shall be accompanied by a policy
of insurance in the amount provided for in this chapter. The application
shall, among other things, set forth the following:
(1)
The
name, age, business and residential address of the applicant, if an
individual, 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 addresses, or if a partnership,
association or unincorporated company, the names of the partners,
or of the persons comprising such association or company, and the
business and residence addresses of each partner or person;
(2)
If
the applicant is a corporation, the applicant must provide a copy
of the certificate of incorporation; if the applicant uses a fictitious
business name under which it proposes to do business, the applicant
must provide a copy of the fictitious name statement on file with
the county of Orange;
(3)
A
description of each tow vehicle proposed for use within the city,
together with ownership records and state motor vehicle license number
thereon;
(4)
A
description of each vehicle storage facility or facilities, including
the addresses, the manner in which title is held to the real property,
the duration of any rental or lease agreements, the size of each storage
yard, the size of the enclosed and covered vehicle impound storage
area, and such other dimensions as may be useful to the city to evaluate
such storage facilities;
(5)
The
schedule of rates proposed to be charged for towing, storage, impound
and release;
(6)
A
list of current or previous governmental agencies, if any, to whom
the applicant has provided contractual towing services, as well as
three references;
(7)
The
applicant shall furnish any and all additional information as may
be required by the city in the request for proposal.
(Ord. 79-O-120, 1979; Ord. 93-O-106 § 3, 1993)
Upon receipt of any application referred to in Sections 6.76.025 and 6.76.030, the city license tax collector or his or her appointed designee shall immediately conduct an investigation of the applicant; and on the basis of the investigation, shall within 30 days of receipt of the application for a permit, described in Section 6.76.025, approve or deny that permit. Approval of the permit merely permits the applicant to conduct towing business in the city; it does not authorize the applicant to act as the official tow service. Authorization to act as the official tow service can only be granted by the city council. The permit shall be approved if the investigator finds that the following four conditions have been met:
(1)
That
the requisite policies of insurance, as required by this chapter,
have been furnished and the same are in the form required and, further,
that the surety thereon is approved by the city attorney;
(2)
That
each tow vehicle described therein is adequate and safe for the purposes
for which it is to be used, and that it is equipped as required by
the California Vehicle Code and the California Highway Patrol;
(3)
That
the facilities proposed for the storage of vehicles are adequate and
safe for the purposes for which they are to be used;
(4)
That
the applicant has not been convicted of a crime involving moral turpitude,
and has complied with all the terms and conditions of this chapter.
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If the applicant already has such a permit which is current and in good standing, then the city license tax collector or his or her appointed designee shall immediately conduct an investigation of the applicant to find whether or not the applicant has met conditions (1) through (4) set forth above in this Section 6.76.035; and on the basis of the investigation, shall within 30 days of receipt of the application for a certificate of public convenience and necessity prepare and provide a report to the city council for its consideration in determining whether or not a certificate shall be granted. In those cases where the permit has been approved, the investigator shall also provide a report to the city council for its consideration in determining whether or not a certificate shall be granted.
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(Ord. 93-O-106 § 4, 1993)
The council, upon receiving an application, may thereafter grant
the applicant a certificate of public convenience and necessity provided
the following conditions have been met:
(1)
That
the requisite policies of insurance, as required by this chapter,
have been furnished and the same are in the form required and, further,
that the surety thereon is approved by the city attorney;
(2)
That
each tow vehicle described therein is adequate and safe for the purposes
for which it is to be used, and that it is equipped as required by
the California Vehicle Code and the California Highway Patrol;
(3)
That
the facilities proposed for the storage of vehicles are adequate and
safe for the purposes for which they are to be used;
(4)
That
the applicant has not been convicted of a crime involving moral turpitude,
and has complied with all the terms and conditions of this chapter;
(5)
That
the public convenience or necessity require the operation of such
official tow services or business within the confines of the city;
(6)
That
the proposed schedule of rates to be charged is fair and reasonable.
The granting of such certificate of public convenience and necessity
shall constitute the approval of the city council of the proposed
schedule of rates;
(7)
That
the applicant shall enter into a contract with the city to provide
the official tow service for the city, and that said contract shall
cover such other duties, responsibilities and contingencies as may
be agreeable to the applicant and to the city;
(8)
That
the applicant has met the requirements which entitle the applicant
to obtain a business license permit from the city license and tax
collector.
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The certificate of public convenience and necessity shall not
take effect unless the applicant has paid all permit fees due to the
city license and tax collector within seven calendar days from the
award of the certificate.
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(Ord. 79-O-120, 1979; Ord. 93-O-106 § 5, 1993)
No license or certificate of public convenience and necessity
granted by the city council pursuant to the provisions of this chapter
may be transferred to another.
(Ord. 79-O-120, 1979)
When an official tow service operator desires to change the
schedule of rates, he shall give the city council 30 days' written
notice of his intention to do so. Said notice shall be accompanied
by the proposed new rate schedule. Said proposed rate schedule shall
not be effective for any purpose until the city council shall have
made its findings that said rates proposed to be changed are fair
and reasonable. The city council shall act upon said notice of intent
within 30 days after receipt thereof.
(Ord. 79-O-120, 1979)
No owner or driver of any official tow service licensed under
this chapter shall charge any rate different from the schedule of
rates contractually agreed to and approved by the city council.
(Ord. 79-O-120, 1979)
No owner's certificate of public convenience and necessity
shall be issued or continued in operation unless there is in full
force and effect a policy of insurance in such form as the city attorney
may deem proper, whereby the owner and driver of each of the vehicles
described in said certificate of public convenience and necessity
are insured against liability for damage to property and for injury
to or death of any person as a result of the ownership, operation
or other use thereof, the minimum liability limits upon each such
vehicle being not less than five hundred thousand dollars on account
of personal injury to or death of any one person in any one accident
and one million dollars on account of personal injuries to or death
of two or more persons in any one accident, and the minimum liability
limits upon each vehicle being not less than three hundred thousand
dollars damage to or destruction of property in any one accident.
Such policy of insurance shall contain an endorsement providing that
such policy will not be cancelled until notice in writing shall have
been given to the city; addressed in care of the director of finance,
City Hall, Placentia, California, at least thirty days prior to the
time such cancellation shall become effective.
(Ord. 79-O-120, 1979)
No person shall operate or drive any official tow service vehicle
with the city unless such person:
(1)
Is
age eighteen or over;
(2)
Has
not been convicted of a crime involving moral turpitude;
(3)
Possesses
a proper class of driver's license according to Section 12804
of the California Vehicle Code.
(Ord. 79-O-120, 1979)
Any certificate of public convenience and necessity granted
pursuant to the provisions of this chapter may be revoked by the city
council for violation of the provisions of this chapter or of this
code or of any law of the state, or for the existence of any stated
facts which would have been good reason for denying such certificate
of public convenience and necessity when applied for, whether these
stated facts existed at the time application was made for such certificate
of public convenience and necessity or not.
No certificate of public convenience and necessity shall be
revoked except in the following manner:
(1)
The
city council shall fix a place and time for the hearing of the issue
on the revocation of the certificate of public convenience and necessity
and shall cause the city clerk to serve the permittee with notice
of the time and place of hearing, together with a statement of the
charges which are the basis for the hearing, at least ten days prior
to the time fixed for said hearing;
(2)
The
city clerk may serve the aforementioned notice and statement upon
the permittee personally or upon said permittee by delivering the
same by registered United States mail, postage prepaid, to permittee
at address given in his application for certificate of public convenience
and necessity;
(3)
The
hearing shall be public and the permittee shall have the right to
produce witnesses on his own behalf and to be represented by counsel;
(4)
The
findings and decision of the city council upon such hearing shall
be final and conclusive.
(Ord. 79-O-120, 1979)
Any certificate of public convenience and necessity granted
pursuant to the provisions of this chapter may be surrendered to the
city council by the permittee after giving at least sixty days'
notice of his intention to surrender said certificate of convenience
and necessity.
(Ord. 79-O-120, 1979)
