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.
"Certificate"
means a certificate of public convenience and necessity awarded by the city council.
"City"
means the city of Placentia.
"Impounded vehicle"
means those vehicles that are towed to a storage area and held for investigation by order of the police department.
"Official tow service"
means any tow service designated by the city council to perform vehicle towing for the city.
"Owner"
means every person, whether individual or corporate, who owns, operates, controls, or has a financial interest in any official tow service.
"Permit"
means a permit issued by the city license and tax collector.
"Rates"
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.
"Storage facility"
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.
"Stored vehicle"
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 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.
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.
(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.
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.
(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)