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:
"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.
"Financial and administrative services director"
means the position in the financial and administrative services department in charge of the administration of the financial affairs of the city.
"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.
"Official police and city of Moreno Valley tow service" 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.
"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.
"Personal property"
means items which are not permanently affixed to the vehicle.
"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)
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;
a. 
Has previously provided responsible and satisfactory tow services,
b. 
Has not previously violated the terms of this chapter or of any similar enactment of the city or of any other jurisdiction resulting in the revocation of a permit and/or removal from a tow rotation program.
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.
a. 
A tow truck company that has a car carrier may be exempted from the wheel-lift capability requirements. However, the car carrier must be an additional unit.
b. 
A "trailer for hire" shall not be approved for listing as a Class A tow truck.
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)
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 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)