"Business license"
means a license issued by the city according to Chapter 5.04 of the municipal code.
"City"
means the city of Los Alamitos.
"City manager"
means the city manager of the city of Los Alamitos or his or her designee.
"Nonconsensual towing service"
means towing services provided to the city's police department in situations where vehicle owners are unable to consent to having their vehicle towed, such as in cases of severe accident, where a vehicle is being towed for being illegally parked on public property or towed as a result of a police order.
"Police chief"
means the chief of police of the city of Los Alamitos or his or her designee.
"Police department"
means the Los Alamitos police department.
"Rotation list"
means the city's list of eligible towing carriers to be used by the police department when assistance is needed to remove abandoned, disabled or impounded vehicles.
"Rules and specifications"
means the city's rules and specifications for towing services and vehicle storage facilities promulgated by the police chief.
"Tow vehicle"
means a motor vehicle which has been altered or designed or equipped for and exclusively used in the business of towing vehicles by means of a crane, tow bar, tow line, dolly or a roll-back carrier or is otherwise used to render emergency assistance to disabled and other vehicles.
"Towing carrier" or "towing provider"
means a towing company and the owner(s) and/or managing employee(s) of a towing company.
"Tow vehicle driver"
means the driver of an authorized tow vehicle used for towing another motor vehicle.
(Ord. 693 § 1, 2006)
A. 
The purpose of this chapter is to establish towing regulations to govern the provision of nonconsensual towing services to the city's police department, consistent with state and federal laws, as well as the public health, safety and welfare. A further purpose is to insure that the best possible towing services are selected to participate in the city's rotational tow program to assist the police department in conducting efficient police investigations and provide the citizens of Los Alamitos with prompt, safe and comprehensive towing services.
B. 
These regulations are not intended to govern situations where towing has been requested by vehicle owners or private property owners, except as may be permitted by law. Instead, these regulations, along with the rules and specifications to be promulgated by the police chief in conjunction with this chapter, are intended to provide a fair and objective method of selecting towing service providers from among qualified firms to insure that towing providers and drivers selected provide the police department and the public with prompt, safe and comprehensive towing services using the latest in towing technology and vehicle towing and storage safety.
(Ord. 693 § 1, 2006)
The police chief shall promulgate written rules and specifications for towing services, drivers and vehicle storage facilities. The rules and specifications may be modified from time to time as deemed appropriate by the police chief. Such rules and specifications shall include reasonable provisions respecting the character, extent, quality and standards governing nonconsensual towing services and tow storage lots that are provided and used by the police department. In addition, the rules and specifications shall include such other rules and specifications as may be reasonably necessary to facilitate nonconsensual tow services in the best interests of the public, including, but not limited to, the following specific provisions:
A. 
Provisions requiring that all selected towing carriers obtain a city business license;
B. 
Provisions requiring all selected towing carriers and individual towing vehicle drivers to have a permit issued by the police department;
C. 
A provision requiring all selected towing carriers to enter into a towing services agreement with the city;
D. 
A provision requiring all selected towing carriers to abide by the police department's rotation list and the rules and specifications established by the police chief;
E. 
A provision requiring all selected towing carriers to protect, indemnify, defend and hold harmless the city, its elected officials, officers, employees, agents and volunteers from all claims, demands or liabilities arising out of or encountered in connection with their agreement with the city or the performance of work or purchase of supplies, equipment and materials in preparation for the towing operation, or claims, demands and liabilities occurring during the towing and subsequent storage and maintenance of vehicles on behalf of the city, whether or not such claims, demands or liabilities are caused by the towing carrier, its employees or agents;
F. 
A provision requiring towing carriers to provide proof and maintain general liability, automobile liability and workers' compensation insurance, in an amount and insurance-industry rating which meets the requirements of the city's finance department, names the city as an additional insured and is acceptable to the city attorney.
G. 
A provision requiring inspections to be conducted at least once per year of all towing vehicles and all towing lots and facilities used in the performance of towing service on behalf of the city; and
H. 
A provision requiring all selected towing carriers to pay the administrative fees required by this chapter.
(Ord. 693 § 1, 2006)
Towing carriers selected to provide towing services to the city, if more than one is selected, shall abide by the towing rotation system established by the police chief in the rules and specifications. The police chief shall develop a list of towing carriers selected to provide towing services to the city. The towing carrier at the top of the list shall be on call to provide towing service to the city in accordance with the rotation system established by the police chief. Once a tow truck operator completes its designated on-call service, the operator's name shall be moved to the bottom of the list and the operator then at the top of the list shall begin its designated on-call service. The city may request services from a towing carrier who is not on-call in situations wherein the city manager, police chief or the police department watch commander deems an emergency to exist such that additional towing services are necessary to adequately meet the needs of the city or police department. The towing rotation list may be amended from time to time as part of the police chief's promulgation or modification of the rules and specifications.
(Ord. 693 § 1, 2006)
The criteria for selecting towing providers shall be included in the rules and specifications as promulgated by the police chief and shall be made available to all applicants.
(Ord. 693 § 1, 2006)
No person shall engage in the business of providing towing services to the city's police department without first obtaining a towing carrier permit from the police chief and then obtaining a business license. Permits shall be issued for a period of not less than three years and not to exceed five years, as determined by the police chief. Notwithstanding the five year limitation on towing permits, the police chief is empowered to provide for a maximum of two, one-year extensions in addition to the maximum term, provided the towing carrier is in good standing and is abiding by the terms of this chapter and the rules and specifications.
(Ord. 693 § 1, 2006)
All towing providers selected to provide service shall enter into a towing service agreement with the city. The written agreement shall be in a form approved by the city attorney and shall be executed within 30 days after their selection as a towing provider. The written agreement shall provide that the terms and conditions of this chapter and the rules and specifications shall be applicable for the entire term of the permit.
(Ord. 693 § 1, 2006)
A. 
All towing carriers selected to participate in the city's towing rotation program shall pay to the city the administrative fees and charges per vehicle towed as determined by separate resolution of the city council to cover the costs of the city's towing program. The towing service agreement entered into between the city and the towing provider shall provide that any subsequent changes to the administrative fees and charges shall be applicable to the towing carrier upon 10 days written notification of such changes.
B. 
Payment of administrative fees and charges by selected towing carriers shall be due in accordance with the payment schedule provided in the rules and specifications.
C. 
Any administrative fees and charges which remain unpaid after the date specified in subsection B of this section shall be delinquent and shall result in a penalty equal to 10% of the unpaid amount. Nonpayment of the administrative fees and charges by any towing provider shall be grounds for revocation of their participation in the city's towing rotation program.
D. 
Nothing contained in this chapter shall prohibit or limit the city's ability to impose other fees and charges, including, but not limited to, franchise fees, for the right to provide towing services to the city's police department, and vehicle release fees. Any such fees shall be established by separate resolution of the city council.
(Ord. 693 § 1, 2006)
The police chief may revoke or suspend the towing services agreement for the reasons, and pursuant to the procedures, set forth in the terms of the towing services agreement entered into with each towing carrier or for a violation of the terms of this chapter or the rules and specifications as promulgated by the police chief.
(Ord. 693 § 1, 2006)
Any towing carrier, driver or towing company violating the provisions of this chapter shall be guilty of a misdemeanor. In addition, any towing carrier or towing company violating the provisions of the rules and specifications shall be subject to the permit revocation provisions of contained herein and in the rules and specifications.
(Ord. 693 § 1, 2006)