The designation of "official police impound and garage and towing service" shall be awarded by the chief of police upon recommendation of the traffic bureau, pursuant to findings of public need from among meritorious applications who have offered the required services and facilities. Such designation shall remain in effect for a period of not more than five years. Such designation may be revoked by the chief of police upon finding of violation of one or more of the provisions of this chapter.
(Ord. 1279 § 2, 1998; Ord. 1470 § 1, 2012)
(a) 
The city agrees that all towing services required by the city's police department will be provided by two towing services according to the schedule of rotation of towing service calls set by the city's police department. The city further agrees that the towing service rotation schedule set by the city's police department will be structured as much as practicable, so that the city's towing service calls will be fairly distributed among the tow service companies representing the city.
(b) 
Commencing May 1, 1995, the rotation schedule for tow agencies will be determined by the traffic bureau and notification given by letter from the chief of police.
(c) 
All appeals shall be made in writing to the city manager.
(Ord. 1279 § 2, 1998)
An application for city referral towing shall be filed with the chief of police on forms furnished by the chief of police, shall be accompanied by a fee set by resolution of the city council, and shall contain the following information:
(1) 
The name, date of birth, driver's license number, business and residence addresses of the applicant, if a natural person; or if a corporation, its name, date and place of incorporation, address of its principal place of business, and the name of its principal officers, together with their respective residence addresses; or if a partnership, association or unincorporated company, the names of the partners, or of the persons compromising such association or company, and the business and residence of each partner or person;
(2) 
A description of each tow truck or other vehicle proposed to be used by the applicant, together with vehicle identification numbers and state vehicle license numbers;
(3) 
The names, dates of birth, addresses and driver's license numbers of all tow truck operators employed by the applicant;
(4) 
The business, occupation or employment history of the applicant for three years immediately preceding the date of the application, including if applicable, the business license and permit history while operating as a tow service;
(5) 
All criminal convictions or proceedings in which a plea of guilty or nolo contendere was entered, including vehicle code violations;
(6) 
Such other identification and information reasonably necessary for the chief of police to carry out the purposes of this chapter; with a description of its existing business operational area.
(Ord. 1279 § 2, 1998)
All tow agencies designated by the city as a referral towing agency must satisfy the following minimum requirements:
(1) 
Each tow agency shall have a minimum of three tow trucks in good operating condition available and ready to respond to calls at any time. Tow trucks may be inspected periodically by members of the police department traffic bureau. If inspection shows that the agency has less than three operational tow trucks, that agency will be taken out of rotation for a period of thirty days, or until there are three operating tow trucks after the first thirty-day period has passed.
(2) 
All towing equipment used by the towing agency must comply with the standards and requirements for such equipment set forth in the California Vehicle Code.
(3) 
All towing equipment used by the towing agency must be adequate to provide for the safe towing of any passenger vehicle, motorcycle or truck with gross vehicle weight rating fifteen thousand pounds. The towing agency must use standard tow trucks, not converted pick-up trucks, and have access to a flat bed tow truck and a tow vehicle capable of towing any trailer, tractor or similar heavy equipment which weighs fifteen thousand pounds gross vehicle weight or greater.
(4) 
Each tow truck must be equipped with a cable winch of sufficient size and capacity to retrieve vehicles which have left the traveled portions of roadways and come to rest in otherwise inaccessible locations.
(5) 
All tow operators must be proficient in unlocking locked vehicles without the owner's key so as to quickly unlock vehicles upon request by a police officer.
(6) 
All tow trucks used by the tow agency shall be radio equipped with equipment approved by the city's police department.
(Ord. 1279 § 2, 1998)
All tow agency applicants must demonstrate sufficient ability on behalf of their tow truck operators to insure safe and proper disposition of their service responsibilities. Each tow truck operator shall possess a proper class of driver's license according to Section 12804 of the California Vehicle Code. Proof of any of the following factors may result in denial of an applicant for city referral towing:
(1) 
The tow agency employs any tow truck operator who is under the age of eighteen years;
(2) 
The tow agency employs any tow truck operator who is a narcotics offender or uses dangerous drugs, or uses alcohol to an excessive degree;
(3) 
The tow agency employs any tow truck operator who has been convicted of moving violations showing disregard for public safety;
(4) 
The tow agency employs any tow truck operator who has been convicted of a felony or any crime involving moral turpitude within five years preceding the date of the application;
(5) 
The tow agency employs any tow truck operator who has been convicted of crime(s) involving theft(s) of vehicle(s) or part(s) therefrom;
(6) 
The tow agency employs any tow truck operator who does not hold a valid driver's license of the appropriate class issued by the Department of Motor Vehicles of the state or any other license which is required by the state;
(7) 
The tow agency has willfully furnished false information on its application or omitted information requested on the application.
(Ord. 1279 § 2, 1998)
City referral towing service agencies will be evaluated on their ability to provide a storage facility, including a business office, open vehicle storage area, and a fully enclosed structure capable of securing two vehicles.
(1) 
The fully enclosed parking structure shall be a minimum of five hundred square feet and shall be secured by a method approved by the Fountain Valley police department to prevent unauthorized access. Inside storage enclosures will be buildings provided with four walls (including access doors) and a roof. The structure(s) will be so constructed that the elements, particularly excessive moisture, and all unauthorized persons are prevented access. Impound space shall be fire resistant and possess adequate lighting for police investigations. If a tow service utilizes their public garage facility for inside storage, the space designated for the storage of police impounds shall be secured from the public. The impound area shall be separated from the remaining storage facility with wire mesh running from floor to ceiling or other approved fencing or wall(s)
(2) 
The open vehicle storage area shall be a minimum of five thousand square feet and shall be enclosed with a solid wall or a fence not less than six feet in height. The enclosure structure shall be provided with not less than one gate or door of adequate width and of a height equal to that specified above. The bottom edge of the enclosure structure shall not be more than two inches above the finished parking surface of the enclosed area. The five thousand square foot vehicle storage area shall not include fire lanes, driveways, landscape or buildings and shall be used exclusively for the temporary storage of impounded vehicles. Lots must be equipped so as to provide adequate lighting during the hours of darkness. The parking surface shall be finished paved asphalt or other approved material and/or gravel with sufficient runoff. The top edge of the fence or wall enclosure, including all gates or doors thereto, for open areas provided with roof shall be equipped with not less than two strands of barbed wire installed in such a manner as to discourage access over the top of the fence or wall. In cases where wire mesh is attached to the roof, the barbed wire will not be required or a wire mesh installation erected inside of a building need not be provided with barbed wire. All fence or wall enclosure structures shall be maintained in good order. Any damage to such fence or wall structures shall be repaired within twenty-four hours to insure proper protection for the stored vehicles.
(Ord. 1279 § 2, 1998)
(a) 
Police-authorized tow service's facilities will be inspected by the police, fire, health and building departments and approved by each prior to the placement of the towing service on the police department call list.
(b) 
Police-authorized tow service facility or facilities and equipment will be inspected annually by the police department, and a report filed thereon.
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 days) period to rectify the deficiency or violation. Failure to comply will result in the tow service being suspended from the police department call list 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 or revoke a tow service permit for subsequent deficiency and/or requirement violations.
(Ord. 1279 § 2, 1998)
All tow service agency applicants must demonstrate their ability to respond to all requests for tow service by the city's police department within twenty minutes of such requests, ninety-five percent of the time.
(Ord. 1279 § 2, 1998)
On accident calls, each tow service shall clean up and remove all debris from the accident as required by the police department.
(Ord. 1279 § 2, 1998)
A tow service fee shall be charged the recipient of a police impound tow service at the time that the police department's release is obtained. No vehicle shall be authorized to be released from impound until said fee has been paid to the city. The tow service fee shall be set by resolution of the city council.
(Ord. 1279 § 2, 1998)
Each referral towing agency shall be evaluated as to its conformance with the following legal and insurance requirements:
(1) 
The 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, affects towing and storage of vehicles.
(2) 
The tow agency agrees that no discrimination shall be made in the employment of persons based on disability, race, color, national origin, ancestry or religion of such persons. A violation of this provision will subject the tow agency to all of the penalties imposed by law. All facilities shall comply with the Americans With Disabilities Act and other disabled access laws.
(3) 
Insurance. The tow agency shall submit to the city certificates indicating compliance with the following minimum insurance not less than five working days prior to the beginning of performance:
(A) 
Worker's compensation insurance to cover its employees as required by California Labor Code;
(B) 
Comprehensive general commercial liability insurance, with a minimum personal injury liability limits of one million dollars per person and one million dollars per occurrence or combined single limits of one million dollars. Each such insurance policy shall:
(i) 
Be issued to an insurance company which is admitted to do business in the state and has a sufficient rating in Best's Key Rating Guide as determined by city, or which is otherwise approved in writing by the city,
(ii) 
Name and list as additional insured the city, its officers and employees and provide the city with an endorsement evidencing the same,
(iii) 
Specify it acts as primary insurance,
(iv) 
Contain a clause substantially in the following words:
It is hereby understood and agreed that this policy may not be canceled nor materially changed except upon 30 days prior written notice thereof given to the City by registered or certified mail
(v) 
Cover the operations of the tow agency.
Additionally, tow agency shall notify the city by registered or certified mail within fifteen days of any change which narrows or limits the scope of coverage provided. For purposes of this section, "scope of coverage" shall include the types of acts or omissions covered as well as the amounts of coverage provided;
(C) 
Comprehensive automobile liability insurance, including as applicable, owned, hired, and nonowned automobiles, with minimum personal injury liability limits of one million dollars per person, one million dollars per occurrence or combined single limits of one million dollars. Each policy of insurance shall:
(i) 
Be issued to an insurance company which is admitted to do business in the state of California or which is approved in writing by the city,
(ii) 
Name and list as additional insured the city, its officers and employees and provide the city with an endorsement evidencing the same,
(iii) 
Specify it acts as primary insurance,
(iv) 
Contain a clause substantially in the following words:
It is hereby understood and agreed that this policy may not be canceled nor materially change except upon 30 days' prior written notice thereof given to the city by registered or certified mail.
Additionally, tow agency shall notify the city by registered or certified mail within fifteen days of any change which narrows or limits the scope of coverage provided. For purposes of this section, "scope of coverage" shall include the types of acts or omissions covered as well as the amounts of coverage provided.
(Ord. 1279 § 2, 1998)
Tow agency shall be responsible for any damage to persons or property arising in connection with their performance of services rendered pursuant to this resolution. Tow agency shall agree to indemnify the city, its officers and employees, against, and will hold and save them and each of them harmless from, any and all actions, claims, damages to persons, or by any firm, entity, corporation, political subdivision or other organization arising out of the wilful or negligent acts, errors or omissions of tow agency or its agents.
(Ord. 1279 § 2, 1998)
Official police tow operators may be required to enter into an agreement with the city setting forth their duties.
(Ord. 1279 § 2, 1998)
Any person violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than one thousand dollars or by imprisonment in the County Jail for a period of not to exceed six months, or by both a fine and imprisonment, and each such 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.
(Ord. 1279 § 2, 1998)