Unless the context in which used requires otherwise, the following
words and variant thereof, shall have the following meanings:
"Appeal"
means the final level of review for written reprimands, suspensions,
terminations, or review of a decision regarding disciplinary action.
"Area"
means the corporate boundary of the city of Moreno Valley.
"Attendant"
means individual responsible for staffing the storage yard
facility.
"Base services"
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.
"City"
means the city of Moreno Valley.
"Driver"
means a trained and/or qualified licensed individual who
operates/drives a tow car or tow truck.
"Driver's permit"
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.
"Enrollment period"
means the period of time when a tow operator or business
may submit an application for inclusion on the city's rotation tow
list.
"Garage or storage facility"
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.
"Incident"
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.
"Indoor storage"
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.
"License division"
means the city business license division of the financial
and administrative services department.
"Load salvage operations"
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.
"Notice"
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.
"Permit"
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.
"Rate"
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.
"Response time"
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.
"Rotation list"
means a list of authorized tow operators permitted to remove
a vehicle or vehicles on the tow rotation service program.
"Rotational tow 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.
"Suspension"
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.
"Termination"
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.
"Tow car" or "tow truck"
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.
"Tow operator" or "business"
means a company approved by the city to remove, impound and
store vehicles in association with the city's rotational tow service
program.
"Tow service agreement"
means a document which sets forth the terms and conditions
of an agreement between the city and operator on the tow rotation
list.
"Vehicle recovery operation"
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)
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)
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)