A.
The
purpose of this chapter is to establish towing regulations to govern
the provision of nonconsensual towing services by the city's community
development department, consistent with state and federal laws, as
well as the public health, safety and welfare. A further purpose is
to provide a fair and objective method of selecting towing service
providers from among qualified firms to insure that towing providers
and drivers that participate in the city's rotational tow program
provide the community development department and the public with prompt,
safe and comprehensive towing services using the latest in towing
technology and vehicle towing and storage safety.
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.
(Ord. 1019 § 1, 2013)
As used in this chapter, the following terms, words and phrases
have the meanings as defined in this section, unless another meaning
is clearly apparent from the context:
means a license issued by the city according to Chapter 5.04 of the municipal code.
means the chief of police services of the city of Stanton
or designee.
means the city of Stanton.
means the city manager of the city of Stanton or designee.
means the community development department.
means the director of community development of the city of
Stanton or designee.
means towing services provided by the city's community development
department in situations where vehicle owners are unable to consent
to having their vehicle towed, including, but not limited to, situations
where a vehicle is being towed for being illegally parked on public
or private property, or towed as a result of a city order.
means the city's list of eligible towing carriers to be used
by the community development department when assistance is needed
to remove abandoned, disabled or impounded vehicles.
means the city's rules and specifications for towing services
and vehicle storage facilities promulgated by the director.
means a towing company and the owner(s) and/or managing employee(s)
of a towing company.
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.
means the driver of an authorized tow vehicle used for towing
another motor vehicle.
(Ord. 1019 § 1, 2013)
No person or company shall engage in the business of providing
towing services to the community development department without first
obtaining a non-exclusive towing carrier permit from the director
and 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 director. Notwith-standing the five year limitation on towing
permits, the director 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. 1019 § 1, 2013)
The director 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 director. 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 community development 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 community development 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 community development
department's rotation list and the rules and specifications established
by the director;
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 alleged
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. 1019 § 1, 2013)
A.
Within
ninety calendar days of the date an existing towing carrier permit
is due to expire, or whenever the director determines that a new towing
carrier is needed to provide tow services to the city, the director
shall prepare and distribute a notice inviting requests for qualifications
for a towing carrier permit. The director shall identify the most
qualified towing carrier, provided that the city receives at least
one qualified applicant, in accordance with the rules and specifications
as these may be promulgated in writing by the director. In determining
the required number of towing carriers, the director may consider,
but is not limited to, the following factors:
1.
The
operational needs of the city;
2.
The
population growth in the city;
3.
The
number of currently authorized towing carriers and their average response
times;
4.
The
administrative burdens imposed by the number of towing carriers to
be included on the rotation list; and
5.
Any
other relevant factors to be determined by the director.
B.
The
name of any qualified applicant(s), if there is one, shall be forwarded
to the chief of police services, who shall conduct a background investigation
of the operator and his or her employees. In addition, the chief of
police services or designee will verify all information included in
the proposal submitted to the city. Upon successful completion of
the background investigation, the chief of police services shall recommend
in writing to the director that the city issue, or refuse to issue,
a towing carrier permit to the applicant(s) identified by the director.
The city council shall then determine whether it is in the city's
best interests to issue a towing carrier permit to the identified
applicant(s). If the city council determines that it is in the city's
best interests to issue a towing carrier permit, it may do so by resolution
in accordance with this chapter.
(Ord. 1019 § 1, 2013)
The criteria for selecting towing providers shall be included
in the rules and specifications as promulgated by the director and
shall be made available to all applicants.
(Ord. 1019 § 1, 2013)
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 director in the rules and specifications. The director
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 director. 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 or director deems an emergency
to exist such that additional towing services are necessary to adequately
meet the needs of the city or community development department. The
towing rotation list may be amended from time to time as part of the
director's promulgation or modification of the rules and specifications.
(Ord. 1019 § 1, 2013)
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 thirty 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. 1019 § 1, 2013)
The tow rates shall be set by the city council. The director
shall make recommendations to the city council on rates permitted
to be charged by towing providers. Such recommendation will follow
a tow rate survey conducted by the community development department.
(Ord. 1019 § 1, 2013)
A.
All
towing carriers selected to participate in the city's towing rotation
program shall pay to the city franchise fees as determined by separate
resolution of the city council to cover the costs of the city's towing
program. The franchise fees shall reflect the city's current costs
for operating the towing program. The towing service agreement entered
into between the city and the towing provider shall provide that any
subsequent changes to the franchise fees and charges shall be applicable
to the towing carrier upon ten days written notification of such changes.
B.
Payment
of franchise fees and charges by selected towing carriers shall be
due in accordance with the payment schedule provided in the rules
and specifications.
C.
Any franchise 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 ten percent of the unpaid amount for the first delinquent month. In addition to the late charge, the city will charge a penalty of one-half of one percent per month on all obligations older than thirty days from the past due date. This is in accordance with Government Code Section 54348. Nonpayment of the administrative fees and charges by any towing provider shall be grounds for revocation of the towing provider's 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, vehicle
release fees. Any such fees shall be established by separate resolution
of the city council.
E.
The
towing carrier must make available to the department, upon three days'
written notice, its accounting records and books related to tow services
rendered on the city's behalf for inspection and audit. The city agrees
to maintain the confidentiality of such accounting records and books.
The towing carrier shall submit monthly documentation detailing its
operations on behalf of the city in a format that is acceptable to
the department. Such documentation shall include the following information:
the date, time, location, case number (if any), vehicle description
(including make, model and vehicle license number) and a brief description
of the circumstances surrounding the tow. Towing carriers shall maintain
these records for a period of three years.
(Ord. 1019 § 1, 2013)
A.
The
director may summarily suspend a driver's permit if the driver thereof
is arrested for conduct that jeopardizes public health or safety.
In addition, the director shall have the right to summarily suspend,
for a period not to exceed thirty days, any towing carrier permit
granted pursuant to this chapter, and any towing services agreement
entered into pursuant to this chapter, and to rescind all rights and
privileges associated with them during the suspension period if the
towing carrier violates any provision of this chapter, any material
provision of the towing services agreement, or any state or federal
law. The director may exercise this authority up to three times per
calendar year per towing carrier. Thereafter, or in the director's
discretion, the director may recommend in writing the suspension or
revocation of the towing carrier's permit and towing services agreement
to the city manager.
B.
Within
seven days of the director's summary suspension or recommendation
to suspend or revoke the towing carrier's permit, the director shall
send written notice of the decision to the towing carrier. The towing
carrier may appeal the director's summary suspension or recommendation
to suspend or revoke the towing carrier's permit to the city manager.
Such appeal shall set forth the specific grounds on which it is based
and must be filed with the city clerk within fourteen days of receiving
the director's notice.
C.
Upon
receipt of the filing of the appeal in proper form, the city clerk
shall forward the appeal as soon as reasonably possible to the city
manager for consideration. Within thirty days of receiving the appeal,
the city manager shall determine whether to uphold the director's
summary suspension, or to suspend or revoke the towing carrier's permit.
The city manager shall mail the towing carrier a written decision
within forty-five days of receiving the appeal.
D.
Any subsequent appeal shall be to the city council. The appealing towing carrier shall have ten calendar days from the date the city manager's notice of decision in subsection C was deposited in the mail within which to appeal the denial of the revocation or suspension to the city council. The appeal shall be filed in writing in the office of the city clerk and shall be accompanied by a filing fee, as established by resolution of the city council.
E.
If
the appeal is timely and properly filed together with the filing fee,
the city clerk shall mail notice of the date, time and place of a
de novo hearing before the city council to the towing carrier at least
ten days prior to the hearing. The hearing shall be commenced at the
earliest possible date authorized by law, but in no event later than
thirty days after the date that the appeal was filed. At the hearing,
the towing carrier or its representative shall have the right to present
evidence and a written or oral argument, or both, in support of its
appeal.
F.
Within
two business days after the city council's action on the appeal, the
city clerk shall send to the towing carrier, by certified mail, return
receipt requested, written notice of the disposition of the appeal.
The action of the city council shall be final.
G.
Any
towing carrier whose license is revoked may not again apply for a
towing carrier permit to provide tow services in the city for a period
of one year from the date of such revocation.
(Ord. 1019 § 1, 2013)
Nothing in this chapter shall be construed to restrict or prohibit
the city from conducting its own towing operations or maintaining
its own towing storage yard, either in lieu of, or in addition to
any towing carrier permit that is awarded pursuant to this chapter
or the rules and specifications.
(Ord. 1019 § 1, 2013)
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
contained herein and in the rules and specifications.
(Ord. 1019 § 1, 2013)
If any section, division, subsection or provision of this chapter
or the application thereof to any person, property, organization or
circumstance is held invalid, the remainder of the chapter and the
application of such to other persons, properties, organizations or
circumstances shall not be affected thereby.
(Ord. 1019 § 1, 2013)
