Unless the context otherwise requires, the definitions and general
provisions set forth in this section govern the construction of the
chapter.
shall mean any public garage or storage garage permitted
for the storage of tow vehicles in the manner and as provided in this
chapter.
shall mean the conducting or assisting in the conduct or
operation of a towing business by an owner or employee by:
required by this chapter shall refer to property owner responsibilities
that are transferred to the towing companies as a condition of accepting
authority to place possessory liens on towed vehicles. They include
all notifications required by the Vehicle Code.
may be its owner, agent, resident manager, employee, tenant
or member of a security patrol, licensed by the State or appointed
representative of a condominium association. A tow truck owner or
operator is specifically excluded from this definition unless he or
she is the actual owner of the property.
shall mean any peace officer employed by the Los Angeles
County Sheriff's Department.
(Prior code § 5-2.43(a))
This towing ordinance applies to any and all tow services operating in the City whether or not they have an established office or storage yard within the City. Tow services are deemed to be operating in the City if they tow a vehicle from any location within the City to any other location or conduct any activity under Section 5.20.010 of the definitions within the City. An act, omission, or failure by any agent or employee is the act, omission, or failure of the employing corporation or individual.
(Prior code § 5-2.43(b))
The provisions of this chapter shall not apply to any towing
operation that:
A.
Provides
towing or storage without charge or fee solely for other vehicles
owned or operated by the same entity, such as an auto dealer or dismantler;
B.
Enters
the City for the sole purpose of repossessing a specific vehicle for
a bank or other authorized repossession agency, if such tow service
is headquartered outside the City;
C.
Is a
government agency or public utility;
D.
Enters
the City for the sole purpose of delivering a vehicle from a location
outside of the City to a location within the City at the request of
the owner of vehicle if such tow service does not maintain offices,
storage areas or garage facilities within the City;
E.
Tows
any vehicle at the request of the registered owner, legal owner or
authorized representative thereof.
(Prior code § 5-2.43(c))
No person shall engage in or conduct a tow car business in the City without first having applied for, and obtained, a tow car business permit of the type hereinafter provided for in this chapter, nor shall any person continue to engage in or conduct a tow car business in the City after such tow car business permit has expired or has been suspended or revoked. Violation is a violation per Chapter 1.08.
(Prior code § 5-2.43(d))
Any person who desires to obtain a tow car business permit shall
prepare, subscribe and file an application for such permit with the
City Manager, which application shall contain the following information:
A.
The
name, residence address, driver's license, social security number
and telephone number of the applicant for a tow car business permit;
if a partnership, the same information for each partner; if a corporation,
the same information for each director, each officer and the general
manager. Post office box numbers are not permissible.
B.
All
names under which the business operates.
C.
The
business address and telephone number of the business. Post office
box numbers are not permissible.
D.
The
make, year, model, color, license number, registered owner and legal
owner of every tow truck that will be operated in the tow car business.
E.
The
name of the city, county, state and specific address in which the
applicant engaged in or conducted a tow car business or was employed
as a tow car business assistant within the last five years.
F.
If the
applicant has been convicted in any court of competent jurisdiction
of a crime involving fraud, theft, auto theft, car tampering, auto
burglary, or has been convicted of any felony.
G.
Such
other information as the City Manager may deem relevant and necessary
to investigate and evaluate the qualifications of the applicant.
H.
Consent
to allow inspection and approval of all towing equipment and the storage
yard by the Sheriff or any authority designated by the City prior
to granting of the permit applied for. A reasonable nonrefundable
fee may be charged by the City or Sheriff for such inspection. The
inspection fee shall be established by resolution of the City Council.
(Prior code § 5-2.43(e))
Applicants for tow car business permits and tow car business
assistant's permits shall pay a nonrefundable fee as amended from
time to time by resolution of the City Council.
(Prior code § 5-2.43(f))
As a condition to acceptance of any application for a tow car
business permit or tow car business assistant's permit to facilitate
investigation by the City, all persons who subscribe their names to
the application, as above provided, shall be photographed by personnel
of the City.
(Prior code § 5-2.43(g))
Upon acceptance of an application for a tow car business permit
or a tow car business assistant's permit, the Sheriff's Department
shall investigate the applicant or applicants to determine whether
or not there are grounds for denial of the permit or permits for which
application has been made.
(Prior code § 5-2.43(h))
Every applicant for a tow car business permit shall produce
evidence that he or she is insured in the amount and in the manner
specified by the City Manager.
(Prior code § 5-2.43(i))
A.
Every
applicant for a tow car business permit shall produce evidence that
he or she can be insured and as a condition of the issuance of the
permit, will be insured for comprehensive automobile liability, for
bodily liability and property damage liability insurance issued by
a reputable insurer in the minimum limits of liability:
B.
Proof
of insurance shall be in the form of a certificate of insurance issued
to the City Manager.
C.
A 30
day written notice of cancellation shall be given to the City of Bellflower
in the event of cancellation and/or reduction in coverage of any nature.
Such notice shall be sent through the United States mail to the City
Manager, addressed as follows:
City Manager
City of Bellflower
16600 Civic Center Drive Bellflower, California 90706
(Prior code § 5-2.43(j))
If after investigation of an applicant for a tow car business
permit the Sheriff finds that no grounds exist for denial of the permit,
the City Manager shall issue a regular tow car business permit or
a regular tow car business assistant's permit, as the case may be,
to the applicant for a period of two years from date of issuance.
(Prior code § 5-2.43(k))
A.
The
City Manager may deny, revoke, refuse to renew or suspend for not
more than 60 days a tow car business permit or tow car business assistant's
permit for any of the following reasons:
1.
Applicant
or licensee fails to provide and maintain the insurance required.
2.
Applicant
or licensee has been convicted of a crime involving fraud, theft,
auto theft, car tampering, auto burglary or infraction substantially
related to the towing business.
3.
Applicant
or licensee has made any false statement or representation in the
permit application.
4.
Applicant
or permittee owns, operates or has any connection whatsoever with
a security guard business operating within the City. The City Council
declares such arrangements to be a conflict of interest.
5.
Applicant
or licensee has imposed unreasonable or unlawful fees for towing service,
in violation of the California Vehicle Code or Law Enforcement Towing
Agreement.
6.
The
applicant, licensee or his/her employee past or present have engaged
in illegal towing or removal of any vehicle from public or private
property and a judgment or plea of nolo contendere has been entered.
7.
Repeated
acts of negligence, resulting in damage to or theft from towed or
stored vehicles.
8.
Failure
to satisfy any judgment awarded to the owner of a towed vehicle, against
the applicant or permittee, resulting from towing or storage of a
vehicle.
9.
Failure
or refusal to cooperate in any bona fide criminal investigation.
10.
Conviction of a misdemeanor or a felony involving assault or battery
by any tow company employee, against the owner of any vehicle towed
or stored by the applicant or licensee.
11.
Employing, retaining in employment or using any person in the towing
business, who has not been issued a valid tow car business assistant's
permit by the City.
12.
Failing to report the towing of vehicles as required by law.
13.
Failure or refusal to allow inspection of premises, business records
or towing equipment by any peace officer or designated City employee
upon reasonable notice.
14.
Falsification of any towing document.
15.
Violation of any provision of the Law Enforcement Towing Agreement.
16.
Premises not properly zoned for tow operations or maintaining tow
business.
B.
The
City Manager shall notify the applicant or licensee of the denial,
revocation, nonrenewal or suspension of any such permit, setting forth
the grounds and basis for denial, revocation, nonrenewal or suspension.
(Prior code § 5-2.43(l))
A.
All
persons hired as a tow car business assistant will immediately apply
for a tow car business assistant permit from the City. The format
and fee for such permit will be set by the City. The fee for such
permit shall be established by resolution of the City Council.
(Prior code § 5-2.43(m))
If the City Manager determines that the permittee has failed
to comply with the terms of the permit or the provisions of this chapter
or other applicable City ordinances or applicable provisions of the
laws of the State, he or she may suspend, revoke, deny or refuse to
renew the permit, said suspension, revocation, denial or refusal to
renew may be appealed by the permittee. The 10 days prior to the issuance
of an order suspending, revoking, denying or refusing to renew the
permit, the City Manager shall give the permittee written notice of
intention to suspend, revoke, deny or refusal to renew and recite
therein the reason(s) for the proposed suspension, revocation, denial
or refusal to renew. The notice shall provide that permittee may appeal
before the City Council to show cause why the permit should not be
suspended, revoked, denied or refused to renew. Said notice shall
specify a time and place for hearing. The City Council shall establish
reasonable rules of procedure for the conduct of such hearing. Within
10 days from and after the conclusion of the hearing, the City Council
shall give permittee a written notice of its decision. If the City
Council should suspend, revoke, deny or refuse to renew the permit,
the City Council shall specify the grounds for suspension, revocation,
denial or refusal to renew. No suspension, revocation, denial or refusal
to renew shall become effective until such time as said notice has
been given.
(Prior code § 5-2.43(n))
Any notice required by this chapter may be given in any manner
in which service of summons from the Superior Court of the State may
be effected, or by deposit in a sealed, postage prepaid envelope which
is addressed to the person to whom notice is being given at the said
person's business or residence address that is specified in the application
for a tow car business permit or tow car business assistant's permit.
Service by United States mail shall be deemed to have been completed
at the time of deposit in a United States mail depository or United
States post office.
(Prior code § 5-2.43(o))
A.
Owners
or persons in lawful possession of private property, may request the
towing away of illegally parked vehicles under the authority of Section
22658(A) of the California Vehicle Code.
B.
Owners are responsible for proper posting as required, and must have the towed vehicles taken to "the nearest authorized storage garage" as required under California Vehicle Code Section 22658(A) which is willing to take the vehicle for storage and in no event more than 10 miles from where the tow begins. A property owner or his/her agent may not order a vehicle taken to other than the nearest public garage, without permission of the registered owner. Violation of this chapter by a property owner or agent is a violation per Chapter 1.08.
C.
Property
owners may also designate certain areas as "No Parking," "Fire Zones,"
"Handicapped Parking Only," or "Visitors Parking Only" in accordance
with, and in the manner provided by, the California Vehicle Code.
Such areas must be clearly designated and marked in a manner approved
individually by the Fire Department or the Sheriff. Parking in driveways
may be cause for tow away without posting or approval. A reasonable
fee may be charged for inspection or approval of each designated restricted
parking zone by the City. The inspection fee shall be assessed to
the property owner. The fee for inspection shall be established by
resolution of the City Council. After approval, the owner or person
in lawful possession of the private property, may request that cars
be towed away from the restricted areas, in the same manner as permitted
under Section 22658(A) of the California Vehicle Code.
(Prior code § 5-2.43(p))
A.
Pursuant
to California Vehicle Code Section 22658, the tow company may, subsequent
to notifying the Sheriff as provided therein, cause the removal of
a vehicle from private property. They will provide the year, make,
color and license number of the car to be towed. Additionally, the
tow company will provide the name of the tow truck driver, the location
where the tow begins and the name of the person in lawful possession
of the property requesting or authorizing the tow.
B.
No tow
company or towing employee shall take possession of any vehicle parked
on private property, until such time as the owner or agent of such
real property has signed a towing request or towing agreement.
C.
Tow truck drivers are specifically prohibited from initiating a tow-away of any vehicle on private property without obtaining a signed receipt from the owner or agent of such property or having in his/her possession a current tow agreement authorizing removal of illegally parked vehicles from private property as outlined in Subsection (D) of this section. Violation is a violation per Chapter 1.08.
D.
A tow
contract between the property owner or authorized agent and the tow
business shall specify all circumstances under which illegally parked
vehicles are to be removed from private property. Certified copies
of the towing agreement shall be kept on file at all times by the
tow operator, property owner or authorized agent and the City. Photocopies
of the agreement shall not be accepted. Current towing agreement shall
be renewed annually upon renewal of business license. Property owner
or authorized agent shall notify the City immediately upon termination
of said towing agreement.
E.
Upon
removing a vehicle from private property, the tow truck driver will
complete a vehicle inventory and record the odometer reading. The
inventory and towing receipt will be retained for a period of 60 days
and open to inspection by any peace officer or the registered owner
of the towed vehicle.
(Prior code § 5-2.43(q))
A.
All
permit holders or tow truck operators shall at all times display,
in a conspicuous location in their primary place of business, a sign
with the following information:
1.
Cash
or valid credit cards accepted.
2.
The
Sheriff tow liaison unit may be called regarding complaints about
tows (562) 623-3500.
3.
Authorized
towing rates shall not exceed the rates in effect and as set in the
Law Enforcement Towing Agreement.
4.
Business
hours: Must include at least eight hours Monday through Friday and
two hours on Saturday.
5.
The
sign shall display a 24 hour emergency telephone number.
6.
The
sign shall be updated as necessary.
B.
Those
tow truck companies which engage in private property towing shall
also display a notice that advises their public that all of the following
are available for review in the business office upon request:
1.
The
tow car operating permit and assistant's identification;
2.
The
name and address of the person/property owner who directed them to
remove the vehicle;
3.
The
Law Enforcement Towing Agreement; and
4.
California
Vehicle Code Section 22658 and its subsections.
C.
Within
180 days after enactment of the ordinance codified in this chapter,
all tow car operators subject to this Act, will be required to provide
a covered waiting area with three seats, which shall conform to current
building standards.
(Prior code § 5-2.43(r))
It is a violation per Chapter 1.08 for any person or towing company to overcharge for vehicle towing or storage, or both. The amount charged shall be deemed an overcharge if it exceeds the maximum permissible amount as listed in the then current Sheriff's towing agreement or contracts, whether or not the tow service or its owner is a signatory or subscriber to the contract or agreement.
(Prior code § 5-2.43(s))
