Note: Prior ordinance history: Ords. 178-78, 269-86, 317-89, 364-91 and 422-94.
The public health, safety and welfare require that hazards to vehicular movement and traffic safety be removed from City streets as soon as possible. This requirement cannot be satisfactorily performed by the officers and employees of the Union City Police Department. In order to insure the efficient removal of a vehicle which is a hazard to traffic, and to provide a dependable towing service to the public, it is necessary to establish minimum standards for vehicle towing services. It is also the intent of this chapter to regulate the operation of tow car services utilized by the City of Union City police department pursuant to the authority conferred by the California Vehicle Code and to establish a franchise agreement and franchise fee for these services.
(Ord. 818-16 § 4, 2016)
In this chapter unless the context otherwise requires:
"Chief of Police"
means the Police Chief of the City or designee.
"City"
means the City of Union City.
"City Council"
means the City Council of the City of Union City.
"City Manager"
means the City Manager of the City of Union City or designee.
"Franchise"
means a nonexclusive franchise granted by the City to provide police towing.
"Franchise agreement"
means the agreement entered into between the City and an operator that defines the obligations, procedures and terms for police towing and establishes the franchise fees to be paid by operators.
"Operator"
means a person with a franchise to provide police towing pursuant to this chapter.
"Person"
means an individual, a firm or a copartnership, a corporation, a company, an association or a joint-stock association.
"Police towing"
includes towing of vehicles to impound or to other locations, the storage of such vehicles as ordered and designated by authorized members of the police department and all services required to transport, secure and maintain such vehicles.
"Rotation list"
means a list maintained by the City of operators who comply with this chapter and provide police towing.
"Tow truck"
means a motor vehicle altered or designed and equipped for, and exclusively used in, the business of towing vehicles by means of a crane, tow bar, tow line or dolly, or is otherwise used to give assistance to other vehicles.
(Ord. 818-16 § 4, 2016)
Except as specified in this title, it is unlawful for any person to solicit or perform the business of police towing in the City unless a franchise agreement therefor has first been entered into pursuant to the provisions of this chapter and such franchise agreement is in full force and effect. This chapter shall not apply to towing, repair or storage services performed for or made available to members of the public by any person.
(Ord. 818-16 § 4, 2016)
The Chief of Police shall issue a request for proposals for potential operators to provide police towing every five years. Operators placed on the rotation list shall enter into a franchise agreement to provide police towing for a five-year period.
(Ord. 818-16 § 4, 2016)
A. 
The Chief of Police shall maintain a list of up to three operators to provide police towing. The City shall have three openings on the rotation list when the Chief of Police issues a request for proposals pursuant to Section 10.17.040.
B. 
The Chief of Police shall make appointments of operators to the rotation list based upon criteria determined by the Chief of Police and identified in the request for proposals issued pursuant to Section 10.17.040. In addition to any other requirements, the Chief of Police may require operators to maintain a storage facility within City limits, or within a reasonable distance of City limits.
C. 
A person seeking to be an operator on the rotation list shall be rejected if that person has knowingly submitted facts which are untrue, or intentionally omitted or fails to indicate facts which, if submitted, could have resulted in a rejection of the application for placement on the rotation list, provided such facts should have reasonably been known by that person. A person that is rejected for placement on the rotation list as an operator shall receive written notice of rejection.
D. 
All operators selected for placement on the rotation list shall execute a franchise agreement with the City to provide police towing for a period of five years. Operators placed on the rotation list shall comply with all provisions of this chapter and additional conditions deemed necessary by the Chief of Police and included in the franchise agreement to provide police towing. In the event that an operator on the rotation list fails to complete a five-year term, the Chief of Police may issue a request for proposals for operators to complete such five-year term pursuant to this chapter.
E. 
All franchise agreements to provide police towing shall be approved by the City Council. The Chief of Police shall submit the selected operators for placement on the rotation list to the City Council for review at a regular meeting of the City Council. The selection of operators shall be granted or denied, based upon compliance with this chapter, the California Vehicle Code, and public comment.
(Ord. 818-16 § 4, 2016)
Each franchise agreement entered into with operators to provide police towing shall include, but not be limited to, provisions which shall address:
A. 
Minimum requirements for tow truck drivers employed by the operator;
B. 
Minimum equipment requirements for tow trucks used to provide police towing;
C. 
Minimum business standards for operators;
D. 
Minimum vehicle storage requirements;
E. 
Minimum tow response and operational requirements;
F. 
Minimum insurance and indemnification requirements, as approved by the City Attorney;
G. 
Minimum response time requirements; and
H. 
Any other provisions deemed necessary by the Chief of Police.
(Ord. 818-16 § 4, 2016)
The operator shall render available all tow trucks and the storage facility for inspection by the Chief of Police upon request. In addition, the operator shall make available any record of a tow transaction for inspection to insure compliance with the fee schedule for towing.
(Ord. 818-16 § 4, 2016)
For towing services provided under this chapter, the operator may charge no more than the maximum rate established by the Chief of Police in the franchise agreement for police towing, as approved by the City Council.
(Ord. 818-16 § 4, 2016)
The Chief of Police may inspect, during normal business hours, the records of an operator. The operator shall maintain adequate records to include the description of vehicles, nature of service, time and location of each call for police towing and the disposition of each vehicle.
(Ord. 818-16 § 4, 2016)
A. 
Each operator placed on the rotation list and entering into a franchise agreement pursuant to this chapter shall pay a franchise fee to the City pursuant to the terms of the franchise agreement, as approved by the City Council.
B. 
The payment to the City by the operator pursuant to this chapter shall be in addition to any license fee or business tax prescribed by the City for the same period.
(Ord. 818-16 § 4, 2016)
The Chief of Police may terminate an operator from the rotation list if the operator fails to comply with this chapter or the franchise agreement with the City to provide police towing. The Chief of Police shall provide the operator written notice of termination along with the reasons for termination, facts supporting termination, and ability to appeal pursuant to Section 10.17.130 twenty-four hours prior to the effective date of the termination. The operator may appeal the decision of the Chief of Police in the manner provided by this chapter.
(Ord. 818-16 § 4, 2016)
After an operator has been removed from the rotation list pursuant to Section 10.17.110, the operator is not eligible for placement on the rotation list until the expiration of one year following the effective date of termination.
(Ord. 818-16 § 4, 2016)
Any operator or applicant who desires to appeal the decision of the Chief of Police to terminate the operator from the rotation list, pursuant to Section 10.17.110, or deny an applicant, pursuant to Section 10.17.050 shall, within ten days of the mailing of notice of the decision of the Chief of Police, file a written notice of appeal with the City. The City Manager shall hear the appeal. An appeal shall not stay enforcement of the appealed action. The date, time, and place of appeal hearings shall be provided in writing to the operator or person with at least ten days' notice and copies of hearing rules. If the operator or person fails to present evidence establishing that person is entitled to remain an operator or that an application was improperly rejected, the City Manager shall uphold the decision of the Chief of Police and give written notice to the operator.
(Ord. 818-16 § 4, 2016)