This chapter's purpose is to:
A. Provide
the public and the city's police department with prompt, safe, reliable,
and responsive vehicle towing and storage services by:
1. Establishing
official police tow services,
2. Contracting
with private-sector tow companies, and
3. Setting
minimum performance standards to ensure quality service;
B. Create
a fair and an impartial means for selecting official police tow services;
and
C. Establish
a fee equal to the city's actual, reasonable administrative costs
and expenses for administering the official police tow services providers'
contract and operating a towing program on the public's behalf.
(Ord. 5391 § 1, 2004)
The city council finds, determines and declares that:
A. The
city needs the services of one or more privately-owned tow companies
to:
1. Effectively
enforce parking and traffic laws;
2. Promptly
tow vehicles that are inoperative or involved in a collision; and
3. Expeditiously
remove and safely store vehicles that the police department impounds
or holds for investigation, examination, or evidence.
B. This
council's experience in awarding city contracts by using competitive
procedures has proven successful and has delivered high-quality, responsive
and dependable services to the community. It is now in the city's
best interests to award one or more official police tow services contracts
through a competitive process.
C. Establishing
three service areas, or "Districts," within which one official police
tow services provider will operate:
1. Is
sufficient to provide a high level of service at the present time;
2. Contributes
to the efficient administration of the city's towing program;
3. Ensures
safe and prompt towing service on an emergency basis; and
4. Assures
that an official police tow services provider receives ample income
to adequately maintain equipment, personnel and service levels to
the public.
D. California
Vehicle Code section 12110(b) allows the city to charge a fee for
awarding a private company the special privilege and exclusive right
of towing vehicles on the city's behalf. Under that provision, the
city may recover its actual and reasonable administrative costs related
to its operating a towing program.
E. As
part of a study of the police department's costs in using private
contractors to provide vehicle towing, storage and roadside assistance
to the public, the city's internal audit department determined that
when the police department contracts with private tow companies to
provide public assistance, the city incurs substantial labor costs
and administrative expenses, including, but not limited to:
1. Monitoring
the tow company's compliance with the contract's service requirements;
2. Notifying
the tow company of its non-compliance with a contract provision;
3. Enforcing
the contract's terms; and
4. Reviewing
and resolving customer service issues.
F. Therefore,
creating a vehicle towing administrative cost recovery fee and requiring
the private tow company to pay it are appropriate means for recovering
the city's costs and expenses for administering the contracts with
the private towing firms, operating the vehicle towing program and
ensuring that the general public does not shoulder the burden of paying
those costs.
(Ord. 5391 § 1, 2004)
For purposes of this chapter, the following words and phrases
have the meanings ascribed to them unless the context otherwise requires:
"Non-consensual vehicle towing"
means towing service:
1.
Ordered or requested by the city's police department, park rangers
or other city employees who are duly authorized by law to remove,
impound or store vehicles; or
2.
Done without the vehicle owner's or operator's knowledge, consent
or authorization, regardless of whether the vehicle is on public or
private property. Examples include, but are not limited to, when an
owner or an operator:
a.
Is arrested, detained, incapacitated, or physically unable to
drive the vehicle, or
b.
Fails to either designate or express a preference for a particular
towing company.
"Official police tow services provider"
means a person who:
1.
Has a written contract with the city's police department or
another city department;
2.
Furnishes an owner or an operator with towing service; and
3.
Is authorized in the city's contract to collect from an owner
or an operator any one or more of the charges that are listed in the
contract's "Schedule of Rates and Charges for the City of Glendale's
Official Police Tow Services" for providing towing service.
"Operator"
means a person who is lawfully entitled to possession of
a vehicle. The term includes the operator's agent.
"Owner"
has the same meaning as that term is defined in
Vehicle Code
section 460, or any successor legislation. The term includes the owner's
agent.
"Person"
means an individual, company, firm, association, trust, estate,
partnership, corporation, limited liability company, or an entity,
however organized.
"Towed"
means a vehicle hauled, pulled or transported by another
vehicle equipped with a crane, hoist, winch, dolly, roll-back carrier,
trailer or similar equipment.
"Towing service"
means roadside assistance, towing, storing, lien-selling
or related operation for a damaged, inoperative, abandoned, stolen,
recovered, or illegally parked vehicle.
"Vehicle"
has the same meaning as that term is defined in California
Vehicle Code section 670, or any successor legislation.
(Ord. 5391 § 1, 2004)
No person shall perform or provide non-consensual vehicle towing
in the city, unless the person is an official police tow services
provider.
(Ord. 5391 § 1, 2004)
The city establishes a vehicle towing administrative cost recovery
fee for the city's administering the official police tow services
providers' contract and operating a vehicle towing program ("VTACR
fee").
(Ord. 5391 § 1, 2004)
An official police tow services provider shall pay to the director
of administrative services a VTACR late payment fee, in the form of
interest, under any one or more of the following circumstances:
A. When
an official police tow services provider misses a VTACR fee payment
or remits it more than 30 days beyond its payment due date;
B. When
an official police tow services provider owes a VTACR fee underpayment
or shortfall; or
C. When
an official police tow services provider fails to pay the VTACR audit
charge or the VTACR penalty assessment fee on or before its due date,
as set forth in the city's written notice to an official police tow
services provider, describing the audit result and listing the total
VTACR fee underpayment or shortfall.
(Ord. 5391 § 1, 2004)