A.
It
is the intent of this chapter to prescribe the basic regulations for
the operation of an official rotational tow service program in police
emergency situations, removal of illegally parked, vehicles that are
being operated contrary to law, and/or in the removal of vehicles
which are apparently abandoned, or involved in an accident, or which
constitute an obstruction to traffic because of mechanical failure.
B.
The intent of this chapter is to also establish regulations and procedures for the abatement of abandoned, inoperative and dismantled vehicles as set forth in Chapter 11.24 of this code.
C.
It
is the purpose of the city council in enacting the ordinance codified
in this chapter to provide a fair and impartial means of distributing
requests for towing services among qualified firms, and to ensure
that such service is prompt and reasonably priced, and in the best
interests of the public as well as the interest of efficient policing
operations for the removal of such vehicles from public streets.
(Ord. 822 § 2, 2011)
Unless the context in which used requires otherwise, the following
words and variant thereof, shall have the following meanings:
means the final level of review for written reprimands, suspensions,
terminations, or review of a decision regarding disciplinary action.
means the corporate boundary of the city of Moreno Valley.
means individual responsible for staffing the storage yard
facility.
means any service or tow which is performed when the vehicle
operator or agent is present and the vehicle is not stored at the
direction of an officer.
means the city of Moreno Valley.
means the position in the financial and administrative services
department in charge of the administration of the financial affairs
of the city.
means a trained and/or qualified licensed individual who
operates/drives a tow car or tow truck.
means the driver's permit issued to a driver that has completed an application and complied with the requirements outlined in Section 12.14.070.
means the period of time when a tow operator or business
may submit an application for inclusion on the city's rotation tow
list.
means the area where a tow operator or business stores or impounds vehicles in connection with the city's rotational tow service program and complied with the requirements outlined in Section 12.14.100.
means a traffic collision, crime scene, or similar event
in which the police department or city contacts a tow operator on
the rotation tow service program to remove a vehicle or vehicles.
means an enclosed weathertight building for the purpose of
storing vehicles in conjunction with the city's rotational tow service
program. The building shall have a roof and four walls and shall be
able to be secured from entry by unauthorized persons. A wall or walls
shall have an opening of sufficient size to permit a vehicle to be
moved in and out. Said building shall be in compliance with the city's
zoning and building code regulations and shall have a certificate
of occupancy for commercial storage of vehicles.
means the city business license division of the financial
and administrative services department.
means any operator or business involving the recovery of
a load which has been spilled, or the off-loading and reloading of
a load from an overturned vehicle performed in order to upright the
vehicle. This will be limited to operations involving Class B, C,
and D tow trucks.
means any notices shall be in writing and delivered to the
other party in person, via facsimile, and/or by first-class U.S. mail
from a duly authorized representative of the city or operator.
means a towing operator or business that has a valid agreement
with the city and is selected to be used, on call, and on an alternate
basis, where a tow truck is required.
means the operator's permit issued to a tow operator or business
that has complied with all sections of this chapter to the satisfaction
of the city council.
means items which are not permanently affixed to the vehicle.
means the rate charged by the tow operator or business to
a vehicle's owner or his/her agent as approved by the city council.
means the period of time between when an operator is notified
by the city or police department of a call to the arrival of the tow
truck at the location requested.
means a list of authorized tow operators permitted to remove
a vehicle or vehicles on the tow rotation service program.
means the city's official program of selecting tow operators
to assist the police department and city in removing vehicles from
the public right-of-way and private property as set forth in this
chapter.
means the removal of an operator from the city's tow rotation
list for a specified period of time regardless of any contract period
or time.
means the permanent removal of a tow operator from the city's
rotation tow list for the remainder of the term of the tow service
agreement and disqualification from any further participation in the
city's rotation tow service program.
is a motor vehicle which has been altered or designed and
equipped for and exclusively used in the business of towing vehicles
by means of a crane, towbar, towline or dolly or is otherwise exclusively
used to render assistance to other vehicles and in compliance with
Section 615 of the California Vehicle Code. Also includes slide-back
carriers and wheel-lift vehicles.
means a company approved by the city to remove, impound and
store vehicles in association with the city's rotational tow service
program.
means a document which sets forth the terms and conditions
of an agreement between the city and operator on the tow rotation
list.
means an operation involving the process of uprighting an
over-turned vehicle or returning a vehicle to a normal position on
the roadway which requires the use of auxiliary equipment due to the
size or location of the vehicle. This will normally be limited to
operations requiring a Class B, C, or D tow truck(s).
(Ord. 822 § 2, 2011)
A.
No
towing business may participate in the assignment of service calls
on a rotational basis by the police department or the city unless
it has a valid city business license to do business and is operating
from a physical location in the city of Moreno Valley as set forth
in this code.
B.
No
person shall operate a tow truck as part of the city's rotational
tow service in the city unless he or she holds a valid tow truck driver's
permit issued by the city.
C.
Only
those tow operators or businesses approved by the city and possessing
a valid tow operator's permit and tow service agreement shall be permitted
to remove, tow, impound and/or store a vehicle as part the city's
rotational tow service program.
(Ord. 822 § 2, 2011)
A.
The
city manager or designee shall solicit proposals from tow operators
to participate in the city's rotational tow service program. The proposals
shall be accompanied by the fee as established by resolution of the
city council. The fee is not refundable.
B.
Proposals
submitted by tow operators shall be evaluated by city staff and presented
to the city council for approval.
C.
The
term of a tow service agreement shall not exceed five years. Tow operators
not participating in the process will not be eligible to participate
in the city's rotational tow service until the city establishes an
open enrollment period. The enrollment period shall be open for at
least 30 days.
D.
Only
those tow operators who enter into a contractual agreement with the
city shall be permitted and be required to affix a decal or other
permanent marking "Official Police and City of Moreno Valley Rotational
Tow Service" to permitted tow trucks. Tow truck and/or other vehicles
owned and operated by the tow operators that have not been inspected
and approved by the city to participate in the city's rotational tow
service program shall not, in any way, maintain a decal or other markings
or advertisement that the vehicle or vehicles are part of the program.
E.
Tow
operators applying for the city's rotational tow service shall have
a minimum of three verifiable years of for-hire towing experience,
as an owner or principal, prior to the final filing date of an enrollment
period in order to qualify for the program. The city shall verify
that a tow operator meets the minimum three years of experience.
F.
A tow operator or business not having a valid tow operator permit or tow services agreement shall be prohibited from participating in the city's rotational tow service program. Any tow person violating this chapter shall be guilty of a misdemeanor and shall be prosecuted either criminally or civilly pursuant to Chapter 1.10, Civil Citations, of the Moreno Valley Municipal Code.
G.
Tow
operators who enter into a contractual agreement with the city shall
deposit with the city the fee established by resolution of the city
council to cover its costs to administer the terms and conditions
of the tow service agreement and the regulations of this chapter.
A tow operator that fails to deposit with the city the required funds
as set forth in the resolution of the city council shall be in violation
of this chapter and shall be prosecuted accordingly.
(Ord. 822 § 2, 2011)
A.
For
operational reasons, the police department and city shall maintain
the same rotation tow lists where practical and establish policies
and procedures as to fairly distribute calls to the tow operators
or businesses approved by the city to participate in the rotational
tow service program. Each list will include the same tow operators
as approved by the city council and have a valid tow service agreement.
B.
Nothing shall prohibit a Class B, Class C or Class D operator from maintaining a place on a lighter class rotation list. (See Section 12.14.080 for description of classifications.)
Regardless of the class of tow truck used in response to a call
from the city, charges to the vehicle's registered owner or his/her
authorized agent shall not be more than the class of vehicle towed
or serviced, except when recovery operations require a larger class
of truck.
C.
If
two or more tow operators are called to the same incident, distribution
of the vehicles shall be at the discretion of the police department
or city.
The police department may direct a tow operator to move vehicles
to help clear a roadway or for lifesaving operations. Tow operators
shall provide the requested assistance at no cost to the city.
D.
At
the direct request from an owner of a vehicle or his/her authorized
agent, a police officer may contact any tow business for services
unless said request would be in violation of local, state or federal
law or regulation or cause a delay in protecting the public's general
health and safety. If an owner of a vehicle or his/her authorized
agent request a tow service of their choosing, they assume full responsibility
for any fees for service the owner's tow service may impose.
E.
After
any type of major collision, the police department shall have the
authority to order any tow operator to tow vehicles to any location
necessary for investigative purposes.
(Ord. 822 § 2, 2011)
A.
In addition to having a valid city business license to conduct business in the city, the tow operator participating in the city's rotation tow services program shall also apply for and receive a tow operator's permit. A tow operator's permit application shall be filed with the financial and administrative services director or designee, shall be verified under penalty of perjury, and shall be accompanied by the fee as established by resolution of the city council. The fee shall not be refundable. It shall contain or be accompanied by the information and documentation specified in this section. Applications for permits to conduct the tow business shall be filed with the city on a form approved by the financial and administrative services director or designee. Such application shall demonstrate that the applicant possesses a business license pursuant to Chapter 5.02 of this code. In addition, such application shall provide the following information:
1.
Name/Description.
Name and description of applicant.
2.
Address.
Permanent home address and full business address of applicant if an
individual; of each partner if a partnership; and of each officer
if a corporation.
3.
Garage
or Storage Facility. The place where the vehicles towed are to be
stored or impounded.
4.
Fingerprints
and Photographs. Applicant shall be fingerprinted and photographed
by the police department upon referral of the financial and administrative
services director or designee, and a record check made. The cost of
the foregoing shall be established by resolution of the city council
and be borne by the applicant. The photographs taken by the police
department will be used throughout the permit process, whenever photographs
are required to be made part of the record.
5.
Criminal
Record. A statement as to whether or not the applicant, or any officer
or partner of the applicant has been convicted of a felony within
the immediately preceding 10 years, and the nature of each such offense
and the punishment or penalty assessed, thereof.
6.
Vehicle
Data. The number of tow trucks to be operated or controlled by the
applicant in the conduct of the tow business, and the make, body style,
year, vehicle identification number, state license plate number, and
the name of legal and registered owner of each vehicle.
7.
Vehicle
Description. A description of the proposed color scheme, insignia,
trade-style and any other distinctive characteristic or design to
be used to identify such vehicles.
8.
Previous
Licensing. A statement of whether or not the applicant has ever had
any permit or franchise for a tow business issued to him/her that
has been suspended or revoked, and, if so, the circumstances of each
such suspension or revocation, whether in the city or elsewhere.
9.
Insurance. A certification or policy of insurance in the manner and form required by Section 12.14.090.
10.
Corporation Data. If the applicant is a corporation, a copy of the
current Articles of Incorporation, certified as to being true and
correct by the California Secretary of State, within 60 days prior
to the date of application, the most current corporate bylaws and
any applications, permits or notifications for the issuance of shares
filed with or issued by the commissioner of corporations.
11.
Business Office and Telephone Maintenance. A statement that the applicant
will maintain at the principal place of business located in the city
of Moreno Valley, and in operating order at all times, at least one
telephone line. At all times there will be an attendant in charge
of said telephone or telephones to dispatch tow trucks in response
to requests therefor. After-hour answering services fulfill this requirement.
B.
Prior
to the issuance of a tow service agreement by the city council, the
tow operator shall provide evidence that:
1.
The
application conforms in all respects to the provisions of this chapter.
2.
The
applicant's garage or storage facility is located within city limits.
3.
The
applicant is financially responsible and otherwise able to provide
the service.
4.
The
applicant, and all officers or partners are likely to provide tow
services in a responsible and satisfactory manner. In making such
determination, the financial and administrative services director
or designee shall consider whether the applicant or any officer or
partner of the applicant;
C.
A tow
operator shall not have a financial interest in any other tow business
participating in the city's rotational tow service program. Any violation
of this section shall cause the immediate revocation of a tow operator's
permit for the balance of the contract period.
D.
A tow
operator's permit is valid for one year. The failure of a tow operator
or business to apply for and receive approval of a subsequent permit
by the city shall suspend the tow operator from participating in the
city's rotational tow service program. At such time the tow operator
or business is issued a valid permit, the tow operator or business
shall be permitted to participate in the city's rotational tow service
program.
(Ord. 822 § 2, 2011)
A.
The
tow operator shall ensure that only qualified and competent tow drivers
respond to calls initiated by the police department or city. All tow
truck drivers must obtain a permit from the city's financial and administrative
services director or designee. Each applicant shall be required to
be photographed and fingerprinted. Each tow truck driver's permit
application, including renewal, replacement and duplicate applications,
shall include the following information:
1.
The
name of the applicant, including all other names if any, by which
the applicant has been known.
2.
The
applicant's race, color of eyes and hair.
3.
Whether
the applicant has been convicted or pled guilty or nolo contendere
to any felony within the prior 10 years, and if so, the date, nature
of the offense, the punishment or penalty assessed therefor, and the
court in which such conviction was obtained or plea of guilty or nolo
contendere was entered.
4.
The
class and number of the applicant's California driver's license and
restrictions thereon, if any, and whether any license of applicant
to drive has ever been suspended or refused or revoked, and if so,
details of the reasons therefor and the disposition of the matter,
including the dates of any such suspension or revocation.
5.
A
statement showing each address at which the applicant has resided
during the preceding year.
6.
A
statement of the applicant's physical condition, including a statement
of whether the applicant has ever had epilepsy, blackout periods,
fainting spells, or been addicted to the use of alcohol, narcotics
or other dangerous drugs.
7.
A
current California driver's license record listing driving violations,
if any, issued by the California Department of Motor Vehicles within
30 days prior to the date of application. This California driver's
license shall be valid for the class of tow trucks to be driven by
the driver.
B.
Record
Check. Applicant shall be finger printed and photographed by the police
department upon referral of the financial and administrative services
director or designee, and a record check made. The fee for the foregoing
shall be as set by resolution of the city council and the fee shall
be paid by the applicant at the time the application is submitted.
The photographs taken by the police department will be used in all
cases where photographs are required for implementation of this chapter.
C.
Employment
of Qualified Drivers. Every holder of city tow operator permit to
do business as a tow operator in the city shall employ as drivers
only persons who are physically and mentally fit and able to perform
such duties. It shall be the responsibility of the tow operator permit
holder to select and employ drivers who are familiar with the streets
and addresses in the city. No tow operator permit holder shall employ
or retain in employment any person as a driver who violates laws governing
morals, motor vehicle operations, or any provision of this chapter.
D.
Nontransferable.
Tow truck driver's permits are not transferable, except that the holder
of such a permit may use the same permit if he or she changes employment
from one tow operator to another.
E.
Termination.
Within 10 days of terminating any driver, the tow operator shall serve
notice to the police department and the city.
F.
Tow
operators shall comply with the United States Department of Transportation
regulations implementing the Federal Omnibus Transportation Employee
Testing Act of 1991 and subsequent revisions.
G.
Tow
operators shall be enrolled in the Employer Pull Notice Program as
set forth in California Vehicle Code Section 1808.1. The tow operator
shall included mandated and non-mandated employees that are required
to drive as part of his/her duties for the tow business.
H.
A tow
truck driver's permit is valid for one year. The failure of a tow
truck driver to apply for and receive approval of a subsequent permit
by the city shall suspend the driver from participating in the city's
rotational tow service program. At such time the tow truck driver
is issued a valid permit and is employed by a tow operator licensed
pursuant to this chapter, he/she shall be permitted to participate
in the city's rotational tow service program.
(Ord. 822 § 2, 2011)
A.
An operator shall equip and maintain tow trucks in accordance with the provisions set forth in the California Vehicle Code (CVC), Title 13 of the California Code of Regulations and the specifications contained in this chapter, and consistent with industry standards and practices by the city.
Any and all tow trucks used by a tow operator or business in
connection with the city's rotational tow service program shall be
inspected annually by the California Highway Patrol and be issued
a commercial vehicle safety alliance (CVSA) decal prior to permitting
a tow truck to participate in the city's rotational tow service program.
A tow operator shall produce current California Highway Patrol forms
CHP 407F, Safetynet Driver/Vehicle Inspection Report, and CHP 234B;
Tow Truck Inspection Guide, at the time a tow operator applies for
a tow truck permit. If the tow operator or business fails to have
the tow truck or trucks inspected, such tow truck or trucks shall
not be permitted to participate in the city's rotational tow service
program. Once the city has inspected the tow truck or trucks and has
determined it meets the provisions of the California Vehicle Code
and this chapter, the tow truck or trucks will be permitted to tow
vehicles in connection with the city's rotational tow service program.
B.
Notwithstanding
Section 615 CVC, all tow trucks shall have recovery capabilities,
wheel lift capabilities, and a boom meeting the specifications contained
in this chapter. For the purpose of this chapter, "a trailer for hire
that is being used to transport a vehicle" shall not qualify as a
primary tow truck for tow rotation lists.
A violation of the gross vehicle weight rating (GVWR) and safe
loading requirements of a tow truck shall be cause for immediate suspension
as defined and outlined in this chapter. This includes exceeding the
tow truck's GVWR, front axle weight rating, rear axle weight rating,
maximum tire weight ratings, or not maintaining 50% of the tow truck's
unladen weight on the front axle when lifting/carrying a load.
C.
There
will be four classes of tow trucks covered under this chapter. If
the weight rating of the class of tow truck changes, said weight ratings
of the class of tow truck or trucks shall replace those weight ratings
described below.
1.
Class
A—Light Duty. A tow truck with a manufacturer's gross vehicle
weight rating (GVWR) of at least 14,000 pounds with wheel-lift capability,
and may have a car carrier.
2.
Class
B—Medium Duty. A tow truck with a manufacturer's gross vehicle
weight rating (GVWR) of at least 26,000 pounds. The truck shall be
capable of providing air to the towed vehicle's brakes.
a.
A tow truck company may also have a car carrier. However, the car
carrier must be an additional unit.
3.
Class
C—Heavy Duty. A tow truck with a manufacturer's gross vehicle
weight rating (GVWR) of at least 48,000 pounds. The truck shall be
equipped with air brakes and must be capable of providing air to the
towed vehicle's brakes.
4.
Class
D—Super Heavy Duty. A tow truck with a manufacturer's gross
vehicle weight rating of at least 52,000 pounds. The truck shall be
equipped with air brakes and must be capable of providing air to the
towed vehicle's brakes.
D.
To
properly and safely tow and service the wide variety of vehicles being
operated on the highway, a tow operator shall equip all tow trucks
participating in the city rotational tow service program with the
appropriate equipment as required by the California Vehicle Code and
other regulations governing tow trucks.
(Ord. 822 § 2, 2011)
A.
Insurance—Motor
Vehicle Liability Policy Required. Before any permit may be issued
for a tow company, the owner or tow operator shall file with the city's
risk manager a motor vehicle liability insurance policy, or a certification
of the coverage required by this section, covering each tow truck
used in the permitted business and a California admitted corporation
shall issue the liability insurance in the state of California, which
policy shall conform in all respects to the requirements of this chapter.
B.
Liability
Amounts. The required motor vehicle liability policy shall insure
the owner, the city and its officers, agents and employees as additional
insured, and any other person using or responsible for the use of
any such vehicle with the consent, expressed or implied of such owner,
against loss from the liability imposed upon such owner or person
by law for injury to, or death of any person, or damage to property
growing out of the maintenance, operation or ownership of any tow
truck, in the minimum amount set forth by the city's risk manager
for public liability and for property damage.
C.
Compliance.
All motor vehicle liability policies shall be subject to the approval
of the city's risk manager. At any time a motor vehicle liability
policy is found to be insufficient for any cause, the city manager
or designee will remove the affected tow service business from the
rotational tow service program. If the owner fails to replace the
motor vehicle policy or policies within 10 days after the city manager
gives notice of such insufficiency with good and sufficient policies
approved by the risk manager, then the tow operator's tow service
agreement issued hereunder shall be automatically suspended until
such time as a sufficient policy has been furnished. Upon direction
of the city manager, the police department shall enforce such suspension.
D.
Policy
Endorsement. Every policy and every certificate of motor vehicle liability
insurance coverage filed pursuant to the provisions of this chapter
shall contain the following endorsements:
1.
It is hereby understood and agreed that, notwithstanding expressions or provisions consistent with or contrary thereto in this policy contained, the policy is expressly issued to cover a motor vehicle regulated by the provisions of Chapter 12.14 of the Moreno Valley Municipal Code. This policy shall inure to, and be for the benefit and protection of, each person who shall sustain any damages or injury, or to the heirs, personal representatives, administrators, executors or assigns of any such person who may be so damaged or injured or suffer death by reason of the operation of a motor vehicle covered by this policy or from the defective condition thereof. Liability under this policy shall be in no manner abrogated or abated by the death of the tort-feasor or the insured.
2.
This
is a continuing liability for claims incurred up to the full amount
hereof, notwithstanding any action or recovery thereon.
3.
No
cancellation or reduction in coverage of this policy for any reason
whatsoever shall become effective until the expiration of 30 days
after written notice of such cancellation or reduction in coverage
shall have been given in writing to the city manager or designee.
The 30 day period shall commence upon the date the notice is actually
received by the city manager if personally delivered, or, if by registered
United States mail with return receipt requested, on the second business
day after the notice is deposited in the United States mail, postage
prepaid or on the date of receipt shown on the return receipt, whichever
is later.
(Ord. 822 § 2, 2011)
A.
Storage
Facility Standards. The tow operator shall provide for the city's
tow rotation program, storage space for a minimum of 150 vehicles
including a minimum of five vehicles of indoor storage. Said storage
spaces shall be dedicated to the city's rotational tow service program.
The following standards of performance must be maintained:
1.
Storage
facilities must be located within the city and clearly marked. Any
and all signage for the facilities must be in conformance with the
city's municipal code.
2.
All
vehicles are to be stored at a storage facility properly zoned for
this use within the city. Vehicles that have been approved by the
Department of Motor Vehicles for lien sale must be sold from a storage
facility or other approved location by the city to conduct such a
business within the city limits.
3.
Each
impounded or stored vehicle shall be a minimum of two and one-half
feet from any other vehicle, structure or object.
4.
All
stored vehicles shall be reasonably accessible to the vehicle's owner
or vehicle owner's agent and the police department or city for retrieval,
inspection and/or identification.
5.
Owners
shall be able to retrieve a stored vehicle 24 hours a day, seven days
a week including holidays, within one hour upon notification by the
police department or city that the vehicle can be released to its
owner or authorized agent.
6.
Storage
facilities, including the indoor storage of vehicles, shall be monitored
by an electronic monitoring or security system and fully secured.
Said system shall be subject to review and approval by the police
department before the tow business is permitted to tow and store or
impound vehicles as part of the city's rotational tow service program
to said lot.
7.
Storage
facilities shall be properly lighted and secured by a six foot high
fence as set forth in Title 9 of this code. The fence shall be installed
in compliance with any applicable provision of this code and approved
by the police department and city before the tow business is permitted
to tow vehicles as part of the city's rotational tow service program.
8.
Storage
facilities owned by a tow operator shall not be shared with another
tow operator. However, a tow operator or business may be permitted
on the same lot as long as there is a clear separation between tow
operators. Each tow operator shall fully comply with the provisions
of this code.
B.
Personal
property may be removed from the vehicle and shall be released to
the owner of a vehicle at the request of the vehicle owner or his/her
agent. When a vehicle has been impounded for evidence or investigation,
the operator shall notify the police department or city depending
on the agency directing the storage of the vehicle, prior to the removal
of property from a stored vehicle and will provide a receipt, with
a copy placed in the stored vehicle.
C.
Vehicles
ordered towed by the police department or city will only be released
by the tow operator under the regulations of the Vehicle Code and
the city of Moreno Valley. The city will provide tow operators with
appropriate regulations including updates to these regulations as
they occur.
D.
Prior
to the utilization of new storage facilities that were not listed
on the tow operator's permit application for the rotation tow service
program, the tow operator shall obtain the approval of the city to
ensure that the new garage or storage facility meets all applicable
regulations.
E.
The
operator shall maintain, at a minimum, business hours at the primary
place of business of the tow operator of Monday through Friday, eight
a.m. to five p.m. except for the following recognized holidays: New
Year's Day, President's Day, Memorial Day, Independence Day, Labor
Day, Veteran's Day, Thanksgiving Day and the day after Thanksgiving
Day, and Christmas Day.
F.
Annual
Storage Facility Inspections. A tow operator shall have its storage
facility inspected annually. The failure of a tow operator or business
to have its storage facility inspected annually by the city shall
have its tow permit suspend and shall not participate in the city's
rotational tow service program. At such time the storage facility
is inspected by the city and found to be in compliance with this chapter,
the tow operator or business shall be permitted to participate in
the city's rotational tow service program.
(Ord. 822 § 2, 2011)
A.
Any
requests for the removal of traffic hazards shall be made through
the police department.
B.
When it becomes evident that there will be a delay in responding to a police department or city request for towing service, the responding towing operator shall advise the agency requesting the tow services if the delay will exceed the maximum response time in Section 12.14.130(A).
C.
The
tow operator or business shall be capable of responding to police
or city requests for towing of vehicles and release a vehicle to an
owner of a vehicle or his/her authorized agent 24 hours a day, seven
days a week. An answering service fulfills this requirement.
D.
Removing
Hazards. After being dispatched by the police department or city to
the scene, the tow truck driver shall cooperate with the police officer(s)
or city official in removing hazards and illegally parked vehicles
as requested. It is the duty of the police officers or city to determine
when such a vehicle should be impounded or moved, and the driver shall
abide by their decisions.
E.
Each
towing operator or business 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 tow operator called shall
be dispatched to the scene of need.
F.
All
tow operators shall conduct their business in an orderly, ethical,
businesslike manner and use reasonable means to obtain and keep the
confidence of the motoring public.
G.
Towing
operators participating in city's rotational tow service program shall
be responsible for the acts of their employees (office and field personnel)
while on duty. A tow operator shall be responsible for damage to vehicles
while in their possession.
H.
A tow
operator's records, equipment and storage facilities shall be subject
to periodic checks by police department investigators and/or the city
during regular business hours. Failure to permit the periodic checks
will be considered a breech of the rotational tow service agreement
and shall cause the immediate suspension of the tow operator from
the city's rotational tow service program.
I.
All
vehicles stored or impounded as a result of a tow ordered by the police
department or city shall be made available to the owner of the vehicle
or his/her representatives, an authorized insurance agent, insurance
adjustor, or body shop or car dealer, for the purpose of estimating
or appraising damages, with the exception of vehicles with a "police
hold." The tow operator shall keep a written record of every vehicle
stored for a period longer than 12 hours pursuant to Section 1065(a)
of the California Vehicle Code.
J.
The
permitted tow business shall record their time in and their time out
on every city requested tow truck assignment. Such records shall be
available and open to examination by the police department and/or
city.
K.
All
permitted tow businesses shall submit a monthly rotational tow service
program report to the police department and city within 10 business
days of the last day of each month. The report shall include the following:
1.
Total
police and city impounds;
2.
Number
of times dispatched by police department or city;
3.
Number
of these calls resulting in impounds;
4.
Number
of vehicles sold on lien sale under authority of Section 3072, Civil
Code, and reporting said lien sales as per authority of Section 851.2
CVC;
5.
Number
of vehicles sold under low value vehicles as defined by California
Vehicle Code Section 22851.3;
6.
Number
of calls which required more than one hour's time.
L.
All
tow trucks used shall have two-way communication with the tow operator's
communication center.
M.
A tow
operator shall not proceed with any repair work on a vehicle or place
any charges against a vehicle other than those occasioned by removal
from the street and storage unless authorized by the vehicle owner
or designated agent.
N.
A tow
operator, when disposing or dismantling of unclaimed vehicles, shall
abide by all Civil and Vehicle Code Sections pertaining thereto.
O.
All
vehicles stored or impounded as a result of a tow ordered by the police
department or city shall be towed directly to a tow operator's approved
storage facility unless the police department, city or other person
legally in charge of the vehicle requests that it be taken to some
other location.
P.
A tow
operator shall not begin the lien-sale process for a minimum of five
days after the tow operator took possession of a vehicle under the
city's rotational tow service program.
Q.
The
city shall conduct, at a minimum, one annual meeting to discuss with
the tow operators or designee, the city's rotational tow service program.
Attendance at the meeting is mandatory. The city shall give a 30 day
written notice of the meeting.
If a tow operator fails to attend the meeting, said tow operator
shall be suspended until such time that the tow operator can attend
an alternate annual meeting with the police department and city to
discuss the rotational tow service program. Said meeting is mandatory
and will be held within 60 days from the date the meeting was originally
to be held.
Failure to attend a second, rescheduled mandatory meeting will
lead to the termination of the tow rotation service agreement with
the city for the duration of the contract period.
(Ord. 822 § 2, 2011)
Any tow operator selected to be part of the rotational tow service
program shall provide to the city, at no charge, emergency response
to aid and service all city owned and police department vehicles within
a reasonable radius of the city.
(Ord. 822 § 2, 2011)
A.
The
tow operator shall respond to police department or city, within the
maximum response time of 20 minutes or as established by the police
department. The tow operators on the city's rotational tow service
program shall be notified by the city in writing of any change to
the response time. A minimum notice of 15 days shall be provided to
tow operators before the new response times are implemented. The tow
operator will advise the police department dispatch or city, at the
time of notification, if they are either unable to respond or unable
to meet the maximum response time. If, after accepting the call, the
tow operator is unable to respond or will be delayed in responding,
the tow operator shall immediately notify central dispatch or the
city. The tow operator shall not assign calls to other tow operators
and/or tow truck drivers not employed by said tow operator.
1.
The city council shall establish the terms of the rotation list to best meet the needs of the police department and code and neighborhood services division. As such, the city council will establish the type of rotation for the program, for example 24 hour rotation or on a per call ("true rotation") basis. Should the city implement a call-by-call rotation, the cost to contract with an outside call service for dispatch services shall be shared equally among the operators on the rotation list and the expense for this service shall be paid for by the operators out of the deposit made to the city as required by Section 12.14.040(G).
2.
If
the tow operator fails to answer the phone, is unable to respond,
is unable to perform the required service, refuses to respond or provide
service, or is canceled due to excessive response time, the tow operator
shall have forfeited this call and the operator next on the list will
be called. If a per call or "true rotation" program is in effect,
the operator that was unable to respond will be moved to the bottom
of the rotation list. If a 24 hour rotation program is in effect,
that particular call will go to the operator assigned to the next
24 hour rotation but any additional calls will still go to the operator
assigned to the shift in effect at that time.
3.
Repeated
failure to respond and/or failure(s) to respond within the maximum
response time requirements, on a continuous basis, shall constitute
failure to comply with the terms and conditions of this chapter and
the city council tow service agreement.
B.
A tow
operator shall not respond to a police department or city call assigned
to another tow operator unless requested to do so by the police department
or city.
1.
There
may be times when a driver, who was not called to a scene, comes upon
a collision scene where a vehicle or vehicles are blocking a roadway
and a police officer requests his/her assistance in clearing the roadway.
In such a case, the driver may be requested to move the vehicle to
a safe location, as directed by the officer, and leave it. There shall
be no charge for this assistance, and the assistance provided shall
not change the tow operator's place in the rotation.
(Ord. 822 § 2, 2011)
A.
All
fees and storage rates shall be charged to a vehicle's owner or authorized
agent. Said fees and storage rates charged for response calls originating
from the police department or city shall be reviewed by the city council
and shall be reasonable and not in excess of those rates charged for
similar services provided in response to request initiated by any
other public agency or private person. The reasonableness of the fees
charged will be determined in the following manner:
1.
The
rate for towing shall be from portal to portal and may be charged
at a one-hour minimum. Charges in excess of one hour may be charged
in 15 minute increments. There shall be no additional charges for
mileage, labor, etc. Secondary towing requested by the customer may
be negotiated by the tow operator in accordance with his/her private
business practices.
B.
Rates
for service calls (out of gas, lock outs, etc.) shall be from portal
to the end of the service, and may be at the hourly rate with a 30
minute minimum. Charges in excess of 30 minutes may be charged in
15 minute increments.
C.
The
fees added for after business hours release of a vehicle shall be
no more than one-half the hourly rate, and shall only be allowed if
there is no person available at the storage facility for release and
a call back is required.
D.
Storage
fees shall be charged by calendar day except that vehicles stored
eight hours or less shall be charged no more than one day storage.
E.
The
schedule of rates shall be posted in the lobby of the tow business.
These rates shall be displayed on an 11 inch by 17 inch minimum sign
in one-inch lettering. Additionally, rates shall be made available
upon demand to person(s) for whom the tow services were provided or
his/her agent.
(Ord. 822 § 2, 2011)
A.
Tow
operator and tow truck driver permits may be suspended or revoked
by the city after notice and hearing with respect thereto, on the
following grounds:
1.
That
the tow operator or truck driver has failed to operate in accordance
with the provisions of this chapter and the tow service agreement
approved by the city council.
2.
That
the tow operator has failed to maintain or secure insurance on any
tow truck.
3.
That
the tow operator has failed to provide reasonable services to the
city or the police department.
4.
That
the public safety or convenience and necessity would be best served
by such revocation or suspension of the tow permit for any tow operator
or business.
5.
That
the tow permit in question was obtained on the basis of misrepresentation
made or induced by or on behalf of the holder of the tow permit.
6.
That
the tow operator has engaged in conduct which would have constituted
grounds for denial of an application for such a tow permit.
7.
That
the tow operator permits a tow truck driver to respond to a call by
the police department and/or city in violation of this chapter.
8.
That
a tow operator or business intentionally overcharges or demonstrates
a pattern of overcharging customers.
9.
That
a tow operator or business fails to maintain a tow truck's safety
equipment, safe overloading requirements of a tow truck, and/or a
tow truck's gross vehicle weight rating while towing a vehicle.
10.
That a tow operator fails to permit the police department and/or
city to inspect its storage facilities.
B.
The
city council shall establish the manner in which disciplinary action
will be considered and the terms for suspension and even termination
of a tow operator from the city's rotational tow service program.
C.
Nothing
shall preclude the city from taking the appropriate enforcement or
administrative action for any violation of law.
D.
Violations
of the terms and conditions of the tow service agreement or this chapter
may be cause for disciplinary action in the following manner:
1.
First
violation within a 12 month period—Letter of written reprimand.
2.
Second
violation within a 12 month period—One to 30 day suspension.
3.
Third
violation within a 12 month period—Sixty to 90 day suspension.
4.
Fourth
violation within a 12 month period—Termination of the tow service
agreement for the current contract period.
E.
A tow
operator or business participating in the city's rotational tow service
program found guilty of a felony is prohibited from participating
in the city's rotational tow services program for the current contract
period.
(Ord. 822 § 2, 2011)
Not withstanding Section 12.14.170, any police officer duly acting as such within the city has the authority to temporarily suspend a tow truck driver's permit immediately if the driver thereof is arrested for conduct which jeopardizes the public health or safety.
(Ord. 822 § 2, 2011)
Prior to any suspension or revocation of a tow permit the city
manager or designee shall give the permit holder notice of intent
to suspend or revoke the permit and state the proposed grounds for
the suspension and revocation. A hearing shall be held within 20 days
on whether a tow permit should be suspended or revoked. Notice of
hearing shall be mailed at least 10 days before the hearing by certified
mail, with a five-day return requested, to the permittee. If any of
the foregoing notices are returned undeliverable by the United States
Post Office, the hearing shall be continued to a date not less than
10 days from the date of the return and may then be conducted on the
date to which continued whether or not the party is present.
(Ord. 822 § 2, 2011)
All hearings under this chapter shall be held before a hearing
officer. The city manager, or designee, shall be the hearing officer
of the city.
(Ord. 822 § 2, 2011)
The hearing officer shall hear all facts and testimony which
he or she deems pertinent. The hearing officer shall not be limited
by the technical rules of evidence, but may consider any evidence
upon which a prudent person might rely in arranging his or her own
affairs. The permittee may appear in person at the hearing or present
a written statement in time for consideration at the hearing.
(Ord. 822 § 2, 2011)
The hearing officer may impose such conditions and take such
other action as he or she deems appropriate under the circumstances
to carry out the purpose of this chapter. If an interested party makes
a written presentation to the hearing officer but does not appear,
he or she shall be notified in writing of the decision. The hearing
officer shall have 30 days in which to render a decision.
(Ord. 822 § 2, 2011)
No temporary suspension shall be for a period of more than 20
calendar days. Notice of suspension or revocation shall be given by
either personal service on the permittee or by certified mail, return
receipt requested and addressed to the address of record on his or
her application and, where appropriate, to the address of his or her
employer.
(Ord. 822 § 2, 2011)
A tow operator's permit issued pursuant to this chapter which
has been suspended or revoked must be surrendered to the financial
and administrative services director or designee within 10 days of
the giving of notice to the holder that the permit has been suspended
or revoked. The operation of any tow business or driver authorized
by any such permit shall cease upon receipt by the holder of the notice
of suspension or revocation. Such notice shall be deemed to have been
received by the holder of the permit when personally delivered to
such person or, if given by certified United States mail with return
receipt requested, on the second city business day after the notice
has been deposited in the United States mail.
(Ord. 822 § 2, 2011)
Any interested party may appeal the decision of the hearing officer pursuant to the hearing and appeal procedure set forth in Sections 2.04.100 through 2.04.130.
(Ord. 822 § 2, 2011)
Any tow operator permit in effect at the time the ordinance
codified in this chapter is adopted shall be null and void unless
said tow operator is offered a tow service agreement to participate
in the city's rotational tow service program. Said permit would expire
on the date noted on the tow operator permit. A new tow operator permit
may be granted at that time if all of the terms and conditions of
the city and all regulations of this code are complied with.
(Ord. 822 § 2, 2011)
