It is the intent of this chapter to describe basic regulations for the operation of official police tow service in police emergency situations and the removal of vehicles which apparently are abandoned, or involved in an accident and which constitute an obstruction to traffic because of mechanical failure, or which otherwise are necessary for the police to lawfully seize and impound. It is the purpose of the city council in enacting the ordinance codified in this chapter to provide a fair and impartial means of selecting towing services from among qualified firms and to insure that such service is prompt and reasonably priced, in the best interest of the public, as well as the interest of efficient police operations for the removal from the public streets of said vehicles.
(Ord. 911 § 1, 1977)
An official towing service shall maintain at least the following minimum equipment:
(1) 
Rigs. Official police two services must have at least two rigs of one-ton capacity with rear dual wheels. The police officer on the scene shall determine what capacity is needed and shall call upon any service capable of providing that capacity regardless of whether or not said company is within the city or whether it is its period of time to receive police requests.
(2) 
Company Name. Company name, address and phone number shall be displayed on both sides of the tow truck in letters not less than two and one-half inches in height. Also, address and phone number of storage yard is to be noted.
(3) 
Lighting Equipment. Trucks must, at all times, be equipped with such headlights, taillamps, red reflectors, stop lights, warning lights, etc., as required by California law, plus one white utility light (adjustable or portable); and may be equipped with such other lights as the owner may desire which are not forbidden by law.
(4) 
Winch. A winch, to be power-driven by power takeoff from transmission, and equipped with safety dogs or equivalent braking devices is required.
(5) 
Booms. Both trucks to be equipped with adjustable twin booms and twin cables with the capability of at least four-ton capacity from the side of the truck. Said trucks must also be equipped with two hundred feet of not less than three-eighths'-inch cable free from partial breaks or knots.
(6) 
Motorcycle Sling. At least one motorcycle sling is required, to be in addition to the sling most trucks are equipped with for normal tows.
(7) 
Additional Equipment. Trucks must be equipped with red flares, lanterns or reflectors, hand tools, crowbar, rope, shovel, dustpan, fire extinguisher (dry chemical type), portable red taillight and stoplight for towed vehicles, equipment for opening locked vehicles and safety snubber chain. Each tow company shall have at least one set of dollies readily available at all times and which meets C.H.P. standards.
(8) 
Communications. Both trucks must have two-way radio or telephone communications. Also, telephone lines sufficient to receive police tow calls. Telephone answering services are not allowed unless such answering service is equipped with radio communication dispatch capabilities that can effectively communicate with tow trucks in Laguna Beach.
(Ord. 911 § 1, 1977)
(a) 
Open storage lots shall have a sturdy fence or substantial wall at least six feet high to maintain security for stored and impounded vehicles. The storage area shall be kept locked to insure security for stored vehicles. All fences and walls are to have eighteen inches of barbed wire at the top and to be pitched outward at approximately a forty-five degree angle. The area must be reasonably well lighted and paved throughout.
(b) 
A separate area enclosed entirely by a covered building which can be separately locked, or which is an area of a building separately enclosed from floor to ceiling with wire mesh, and which is of sufficient size to accommodate at least one vehicle, shall be maintained for locked storage of vehicles impounded by the police for special investigation. Cars placed in this area shall be held in this maximum security area until cleared by investigation officers. The contents of vehicles with a police hold shall not be removed.
(c) 
The enclosure area shall have space for a minimum of twenty other cars in addition to that contained in the maximum security area.
(d) 
All enclosures shall be maintained in first class order and shall be maintained without breaks in the fencing or walls so that entry cannot be effected through such fences or walls. Any damage to such fence or wall structure shall be repaired within twenty-four hours to insure proper protection of the stored vehicles.
(e) 
Areas that vehicles are stored in must meet zoning and health and safety requirements.
(f) 
The storage area shall have at least one semipublic pay telephone on the exterior of the premises at or near the entrance, listing the name and telephone number of the tow service and the Laguna Beach police department business number.
(g) 
The storage area shall be accessible to police personnel and vehicle owners during nonattended hours within twenty minutes.
(h) 
The storage area shall not be located on the same premises in which dismantling as defined by CVC 220 A and B occurs.
(i) 
The storage area shall meet zoning and health requirements.
(j) 
The storage area shall be attended during business hours of eight a.m. through five p.m., Monday through Saturday.
(Ord. 911 § 1, 1977; Ord. 1274 § 1, 1993)
(a) 
Application. No persons shall drive or operate an official towing vehicle described in this chapter, or have access to the storage areas of said tow service, or otherwise be responsible for vehicles towed and stored under this chapter without first obtaining a permit in writing from the chief of police. Any person desiring to obtain such a permit shall make a written application therefor to the chief of police, accompanied by a fee. The fee shall be as set by resolution of the city council and shall be revised periodically to reflect changes in the cost of permit issuance. Applicants shall be required to be photographed and fingerprinted. They will furnish the police department with their name, residence address, telephone number, birth date, birthplace, driver's license number, and all other information required by the department to insure proper security of vehicles by persons who are sufficiently responsible.
(b) 
No attendant or operator permit shall be issued to any person:
(1) 
Who is under the age of eighteen years;
(2) 
Who has been convicted of a felony;
(3) 
Who is not lawfully living within the United States;
(4) 
Who is incompetent or otherwise unable to handle a vehicle safely;
(5) 
Who is not of good moral character;
(6) 
Who has failed to qualify with all licensing laws required by the state to operate towing vehicles;
(7) 
Who falsifies the application for said permit.
(c) 
Drivers having a bad driving record and remaining in towing service as drivers, once the towing service has knowledge of his driving record, will be cause for grounds for suspension of the towing service by the police department.
(d) 
The towing service will maintain a minimum of two drivers on duty at all times during the respective tow service time, and one driver on duty during the off times. In addition, at least one driver will be on standby at all times.
(Ord. 911 § 1, 1977; Ord. 1006 § 10, 1981)
(a) 
All requests for towing services and the removal of traffic hazards under this chapter shall be made through the police department.
(b) 
When it becomes evident that there will be a delay in responding to a request for towing services, the towing service shall advise the police department of this delay.
(c) 
There shall be an attendant on call capable of responding to police requests for towing, as well as an attendant present or available for release of vehicles to the public twenty-four hours a day, seven days a week.
(d) 
After being dispatched by the police department to the scene, the tow truck operator shall cooperate with the police officers in removing hazards and illegally parked vehicles as requested. It is the duty of the police officers to determine when such a vehicle should be impounded or moved, and the tow truck operator shall abide by their decisions.
(e) 
An official towing service shall conduct its business in an orderly, ethical, businesslike manner and use every means to obtain and keep the confidence of the motoring public. A towing service shall maintain a high degree of service at all times. Prompt response to calls and quick action at the scene of the pickup is expected.
(f) 
Vehicles impounded by the police for special investigation, i.e., fingerprints, etc., shall be held in maximum security until cleared by investigating officers. Contents of vehicles with a police hold shall not be removed.
(g) 
All vehicles stored or impounded as a result of a tow ordered by the police department shall be towed directly to an official storage lot, unless the police department or other person legally in charge of the vehicle requests that it be taken to some other location.
(h) 
The towing of any and all vehicles shall be done at no expense to the city.
(i) 
It is agreed that in the event an emergency arises which requires the towing away of any vehicles at a time when the towing service is not available to perform such service or cannot provide adequate service, the city may, in order to cope with such emergency, call upon other towing services. The city shall incur no liability to the official towing service for any such calls made.
(j) 
Each towing company shall comply with Section 27907 of the Vehicle Code of the state of California regarding signs on tow trucks. Only tow trucks bearing the name of the company called shall be dispatched to the scene of need.
(Ord. 911 § 1, 1977)
(a) 
The services shall maintain during all times that they are an official police tow service, a policy of liability insurance, which shall be subject to the approval of the city manager, naming the city as an additional insured. Said policy shall provide minimum limits of protection as established by council resolution. Said policy shall further provide that it shall not be terminated or amended in any way, except to increase coverage, unless the city has been given thirty days' prior written notice of said termination or amendment.
(b) 
An official police tow service operator shall agree to defend, indemnify and hold the city harmless from any claims, demands, damages, judgments, costs or expenses that may at any time arise to be claimed because of damages to property or personal injury claimed to be caused by the operation of said towing vehicle service or the conduct of any employee.
(Ord. 911 § 1, 1977)
(a) 
Application shall be made by directing a request to the city manager, to be designated thereon official police tow service. The request shall include, as a minimum, the following information:
(1) 
The name and address of the applicant and the owner of the towing service;
(2) 
The trade or fictitious name, if any, under which the applicant does business and proposes to do business;
(3) 
The training experience of the applicant in the conduct of a towing business;
(4) 
A description of the available equipment to be used in the official police towing services, particularly in terms of the abilities or capabilities as related to the minimum eligibility requirements listed in this section. This shall include the color scheme, insignia, name, monogram, or other distinguishing characteristics to be used to designate the applicant's towing vehicles and the location and description of the place or places from which it is intended to operate, including address of storage facilities;
(5) 
A brief description of the method of operation of the communication system between the place of business and operating tow trucks, as well as the means utilized for insuring prompt dispatch of trucks upon receipt of calls from the police department;
(6) 
Such other information as the chief of police or city manager may designate as reasonably necessary to a fair determination of compliance with this chapter, and determination of service which will best fulfill the public interest for efficient towing services. Said information may include a requirement for a financial statement prepared by a certified public accountant, showing the financial status of the applicant during the past two years preceding the application, if such information is deemed necessary by the chief of police or the city manager;
(7) 
An accompanying license fee, plus a fee for each vehicle the applicant proposes to use in his business. The fees shall be as set by resolution of the city council and shall be revised periodically to reflect changes in the cost of investigation, inspection and processing.
(b) 
Within five days of such application, all personnel employed by the applicant, subject to Section 5.82.040 shall register with the police department in accordance with said section.
(c) 
Upon receipt of any such application, the city manager shall, upon determining the application to be in order, refer the matter to the chief of police for investigation. In the course of the investigation, the chief of police shall inspect the vehicles and equipment for compliance with the minimum standards set forth in this chapter, and shall investigate the eligibility of the applicant's personnel. The chief of police shall complete his investigation of equipment within thirty days unless prevented from doing so by lack of cooperation of the applicant or other person named in the application, and shall report his findings to the city manager regarding the qualifications of the applicant's personnel, premises and equipment. Upon receipt of said report, the city manager shall transmit the application and report to the city clerk, who shall set the same for hearing before the city council. The city clerk shall give notice of the time so set at least five days before the date of said hearing to the applicant by mail at the address set out in such application, and to all persons who have been designated an official towing service or eligible tow service, or who have concurrent applications pending. The city council shall render its decision within thirty days after the matter is first set for hearing before it.
(d) 
In the event more than one towing service meets the minimum standards, the city council shall, on the basis of the information provided in the applications, the recommendation of the city manager, the investigation of the chief of police, and matters presented at the hearing, determine the service or services best able to provide adequate service to the city and the public. Based upon this determination, the city shall enter into agreements, as provided in Section 5.82.080, with eligible tow services. The city may enter into an exclusive agreement with only one tow service, or multiple agreements with eligible towing services, based upon the city council's findings that the city's, and the public's, interest will be best served by entering into an exclusive or multiple agreement.
(Ord. 911 § 1, 1977; Ord. 1006 § 11, 1981)
(a) 
The successful applicant or applicants shall enter into an agreement with the city, which agreement shall contain eligibility and insurance requirements, operating regulations, and fee schedules as adopted by the city council. The city and official police tow services may review and revise the fee schedule by mutual agreement at any time upon the finding that the existing rates are inequitable. The city may raise the insurance requirements at any time upon the finding that the existing requirements are no longer sufficient. Fee schedules and insurance requirements shall be available to interested citizens upon request.
(b) 
In the event the city enters into more than one agreement, the calls to the designated official tow services shall be apportioned among the services on an equitable basis according to procedures established by the chief of police.
(Ord. 911 § 1, 1977)
A tow service shall keep itself fully informed and must comply with all existing and future state and county laws and municipal ordinances and regulations which, in any manner, affect towing and storage of vehicles.
(Ord. 911 § 1, 1977)
(a) 
The tow service facility or facilities will be inspected two times per year (semiannually) by the police department, and a report filed thereon. Equipment inspections will be conducted once every six months (semi-annually) by the police department, and a report filed thereon.
(b) 
If any deficiencies and/or requirement violations are discovered, the tow service will be so advised in writing. The tow service will be given a two-week, fourteen-calendar-day period to rectify the deficiency or violation. Failure to comply will result in the tow service being suspended until the deficiency or violation is corrected. Subsequent deficiency and/or requirement violations will result in action as deemed necessary by the chief of police. The chief of police may suspend the tow service for subsequent deficiency and/or requirement violations.
(Ord. 911 § 1, 1977)
(a) 
If the two service renders poor service or otherwise violates the terms of this chapter or the terms of the agreement signed under Section 5.82.080, the chief of police or city manager may issue either a warning to the tow service to correct the deficiency, or upon twenty-four hours' notice, suspend the tow service from receiving police tow calls for up to thirty days. In the event of a suspension, the tow service may show cause, in writing, to the authority issuing the suspension that the deficiency has been corrected or the suspension should not be imposed.
(b) 
Agreements for official police towing services shall be subject to termination, by either the city or the towing service, upon thirty days' written notice by either party. Notices shall be considered as received two days after the mailing of a notice.
(Ord. 911 § 1, 1977)