Note: Prior history: Ord. 995.
For the purposes of this chapter the following terms, phrases,
words and their derivations, shall have the meanings given in this
section. When not inconsistent with the context, words used in the
present tense include the future, words in the plural number include
the singular number, and words in the singular number include the
plural number. The word “shall” is always mandatory and
not merely discretionary.
means a tow vehicle which is registered by an automobile
dismantler licensed pursuant to Section 11500, et seq., of the California
Vehicle Code and which is used exclusively to tow vehicles owned by
the automobile dismantler in the course of the automobile dismantling
business.
means a license issued by the city’s finance office
upon payment of tax by an applicant who has first obtained the necessary
permits from the required city agencies.
means the city of South San Francisco.
means a tow vehicle company storage yard operator.
means South San Francisco police department.
means the owner and/or manager of a tow vehicle company.
means the chief of police of the city of South San Francisco
or designee.
means any tow requested by the South San Francisco police
department in the course of official police activities including,
but not limited to, the tow of a vehicle that is subject to impound
under the California Vehicle Code, driven by a driver who is arrested,
detained, incapacitated, or physically unable to drive the vehicle,
involved in a traffic collision or accident, or abandoned and subject
to towing under the Vehicle Code or the Municipal Code.
means a program established and maintained by the police
chief, containing the names of tow vehicle operators that are party
to a franchise agreement with the city and are authorized, able and
shall be called upon by the city to respond to requests for police-generated
tows.
means placement on the rotational lists to be called by the
police department when assistance is needed to remove vehicles disabled,
abandoned or impounded.
means 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, hoist, towbar, towline or dolly, or is otherwise
exclusively used to render assistance to other vehicles. “Tow
vehicle” does not include an automobile dismantler’s tow
vehicle licensed under Section 11505 of the California Vehicle Code
or any tow vehicle operated by a repossessing agency licensed under
Section 7500 of the California Business and Professions Code.
means a person holding a valid California driver’s
license and who has been trained and fully authorized to operate a
tow vehicle.
means a person holding a valid California driver’s
license and who has been trained in how to operate a tow vehicle.
is a permit issued to a tow vehicle company by the chief
of police in accordance with provisions of this chapter.
is the vehicle identification number.
(Ord. 1160 § 1, 1995; Ord. 1450 § 1, 2011)
The purpose of this chapter is to regulate the operation of
tow vehicles in this city in the interest of public safety, welfare,
convenience and necessity, and to provide for orderly removal of vehicles
from public ways and private property as authorized by California
Vehicle Code Section 21100.
(Ord. 1160 § 1, 1995)
(a)
No
person whose principal place of business is within this city, or who
has obtained a tow service franchise from the city shall engage in
the business of operating a tow vehicle or tow vehicle company within
the city or offer such services within the city without first obtaining
and maintaining a valid tow vehicle operator’s permit from the
chief of police, as provided in this chapter, and then obtaining and
maintaining a valid business license (where required) from the finance
department. Permits shall be issued for a period not exceeding one
year.
(Ord. 1160 § 1, 1995; Ord. 1450 § 1, 2011)
Applications for permits shall be accompanied by a receipt showing
that the applicant has paid to the director of finance a nonrefundable
processing fee as set forth in the master fee schedule of the city,
adopted by resolution of the city council, and shall be on a form
provided by the chief of police, which shall require, but not be limited
to, the following:
(a)
The
name, home address and business address and telephone number of the
applicant;
(b)
If
the applicant is a partnership or corporation, the identity, address
and telephone number of all partners, directors, officers or other
associates having a financial interest in the business for which an
application is made;
(c)
The
location, description (including VIN), and hourly availability of
the tow vehicles owned and operated by the applicant;
(d)
Location
and description (including VIN) of tow vehicles which are equipped
in compliance with the Vehicle Code of the state of California, including,
but not limited to, the following:
(1)
One or more brooms to be used by the driver of the tow vehicle to
remove all glass and debris deposited upon the roadway by the disabled
vehicle which is to be towed,
(2)
A shovel to be used whenever practical to spread dirt upon that portion
of the roadway where oil or grease has been deposited by the disabled
vehicle to be towed,
(3)
At least one fire extinguisher of the dry-chemical or carbon dioxide
type with an aggregate rating of at least 4-B, C units and bearing
the approval of a laboratory nationally recognized as properly equipped
to make such approval,
(4)
Flashing amber warning lamps which shall be displayed as may be deemed
advisable to warn approaching drivers during the period of preparation
at the location from which a disabled vehicle is to be towed, and
which may be displayed to the rear when such tow vehicle is towing
a vehicle and moving at a speed slower than the normal flow of traffic,
(5)
Signs displayed in a conspicuous place on both the right and left
side of a tow vehicle sign showing the name of the company or the
owner or operator of the tow vehicle. The sign shall also contain
the business address and telephone number of the applicant’s
towing business. The letters of the sign shall not be less than two
inches in height and the lettering shall be in contrast to the color
of the background upon which they are placed,
(6)
The location(s) of the site(s) for vehicle storage and operation
of the business under the ownership and/or control of the applicant
which complies with applicable ordinances of the city in which it
is located,
(7)
A copy of a current insurance policy, which shall cover the operation
of the applicant’s business, equipment and vehicles for bodily
injury or property damage. The policy limits shall not be less than
one million dollars per accident for bodily injury or property damage.
The aggregate amount of such insurance shall be not less than two
million dollars,
(8)
A statement of the applicant’s capacity to provide service
twenty-four hours a day, including holidays.
(Ord. 1160 § 1, 1995; Ord. 1450 § 1, 2011)
(a)
Upon
receipt of an application for a tow vehicle permit or tow vehicle
permit renewal, the chief of police shall cause such application to
be reviewed to determine whether or not it is complete. If the application
does not contain all of the required information, it shall be returned
to the applicant for completion.
(b)
When
an application has been submitted and is determined to be complete,
the chief of police shall cause an investigation to be made into the
background of the applicant and the information contained in the application.
(c)
The
chief of police shall either grant or deny the application for a tow
permit within thirty days after said application is accepted by him
as complete. The chief of police shall provide the applicant with
written notice of his decision by placing same in the U.S. mail, certified,
return receipt requested, postage prepaid.
(Ord. 1160 § 1, 1995)
The chief of police may issue or renew a permit if he or she
determines that the applicant’s proposed operation or current
operation complies with the provisions of this chapter, applicable
city ordinances, and laws of the state, or shall deny a permit or
a permit renewal if the proposed operation or current operation does
not so comply. If the chief of police issues a permit, he or she shall
execute it and forward it to the director of finance for issuance
of a business license and delivery of the permit to the applicant.
The term of the permit shall be for one year. If the chief of police
denies the permit, the applicant may appeal the denial as set forth
in this chapter.
(Ord. 1160 § 1, 1995)
The chief of police shall review the investigation and shall
deny the permit if:
(a)
The
applicant has previously been convicted of a felony or any offense
involving the use of force or violence upon the person of another
or any offense involving grand theft, embezzlement or moral turpitude;
or
(b)
The
applicant is a person under the age of eighteen years; or
(c)
The
applicant, his or her agent or employee or any person connected or
associated with the applicant as partner, director, officer, stockholder,
associate or manager has committed or aided or abetted in the commission
of any act or act of omission which if committed by a permittee would
be grounds for suspension or revocation of a permit; or
(d)
The
applicant, his or her agent or employee, or any person connected or
associated with the applicant as partner, director, officer, stockholder,
associate or manager has had a permit revoked or has been an officer,
director, member, partner or manager of any business which has had
a permit revoked in the city; or
(Ord. 1160 § 1, 1995)
(a)
A
rotational tow program is hereby established to allow for towing services
for police-generated tows, in accordance with this chapter.
(b)
No
person shall perform towing services for a police-generated tow unless
such person has obtained a tow service franchise from the city. The
police chief is hereby authorized to enter into and oversee franchise
agreements for police-generated tow services, on behalf of the city,
subject to the rules and regulations in state law and this chapter.
(c)
Participants
in the rotational tow program, as well as all other permittees in
the city, shall at all times be subject to the schedule of fees which
are established and approved by the chief of police, and provided
for in the California Vehicle Code.
(d)
A
franchise shall not be required for:
(1)
Operators or drivers performing tows that are not police-generated
tows;
(2)
Operators or drivers performing police-generated tows when no franchisee
is available or able to perform such services or cannot provide such
services in a timely manner; or
(3)
An officer or employee of the city in the course of official duty.
(e)
Each
franchisee shall be required to pay a franchise per-vehicle fee to
the city. Such fee shall be in an amount described in the city’s
master fee schedule as set forth in the franchise agreement, and shall
not exceed the city’s reasonable costs of administering the
rotational tow program. Such franchise fees shall be in addition to
other applicable taxes, fees, or charges, if any, payable by tow operators.
(Ord. 1160 § 1, 1995; Ord. 1450 § 1, 2011)
(a)
Only
tow operators who have been granted a tow service franchise shall
be eligible to participate in the rotational tow program. Operators
wishing to obtain a tow service franchise shall submit a complete
application to the police department for review and approval. Each
application shall contain the following information:
(1)
The name, address, and telephone number of the applicant. If the
applicant is a partnership or corporation, the name, address and telephone
number of each partner or of each of its directors, officers, major
stockholders, and associates, and the names, addresses, and telephone
numbers of any parent or subsidiary company.
(2)
If applicable, a complete and executed copy of the most recent South
San Francisco franchise agreement for tow vehicle services.
(3)
Any other information deemed reasonably necessary by the police chief,
or designee, to determine whether the requested franchise should be
granted.
(b)
Upon
receipt of a complete application, the police department shall investigate
the facts listed in the complete application supporting inclusion
in the rotational tow program. Within 30 days after completion of
the investigation, the applicant shall be granted a franchise and
placed on the rotational tow program list unless, the police chief,
in his or her sole discretion, finds any one of the following exists:
(1)
The owner, operator, applicant or their application demonstrates
an inability or unwillingness to comply with the terms and conditions
of the federal, state, or local law, or the terms or conditions of
the franchise agreement, or other terms or conditions that the police
chief may require pursuant to this chapter;
(2)
The owner, operator, applicant, or the police department’s
experience with the owner, operator or applicant, demonstrates an
inability or unwillingness to render prompt and efficient police-generated
tow service;
(3)
The police chief determines that granting of a franchise to the applicant
would not be in the public interest due to: any known history of lack
of legal compliance, any known history of lack of compliance with
past agreements with the city, or any financial condition that would
affect prompt and efficient police-generated tow service;
(4)
The applicant has been removed from the rotational list within the
last twenty-four months;
(5)
A material statement made in the application is untrue;
(6)
A fact exists of which the police chief has knowledge which would
be cause for removal or suspension of the applicant from participation
in the rotational tow program;
(7)
The applicant does not maintain a business location or storage facility
within three miles of the city limits;
(8)
The operator or applicant does not have the capacity to respond and arrive to the scene of a police-generated tow requests within the maximum allowed time, per Section 6.64.090(b), upon receiving notification from the police department’s communications division;
(9)
The owner, operator, or applicant has been convicted of any of the
following: a stolen or embezzled vehicle; auto theft or larceny from
a vehicle, any crime of physical violence, any illicit drug related
offense, misdemeanor or felony driving while under the influence of
alcohol, drugs, or any combination thereof or any other alcohol and/or
drug related driving offenses, any obscene, indecent, or sex-related
crime, or other crime of moral turpitude, except that the police chief
may determine after reviewing supporting documentation that the conviction
was of a sufficiently minor nature and a sufficiently extensive period
of time has passed, that the application may be approved, notwithstanding
the conviction;
(10)
The rotational tow program list already consists of three tow operators;
(11)
The applicant fails to sign a tow franchise agreement; or
(12)
The applicant does not have a valid business license (where required)
or a tow vehicle permit issued by the city.
(c)
In
granting any tow service franchise and entering into franchise agreements,
the police chief may prescribe such terms and conditions, not in conflict
with this chapter, that are determined by the police chief to further
the public health, safety, and welfare. All participants in the rotational
tow program shall comply with all the terms and conditions of this
chapter, those terms and conditions set forth in the franchise agreement
with the city, and any other such terms and conditions required by
the police chief in accordance with this section.
(d)
No
more than three franchises shall be granted and active at one time
in order to ensure that an adequate amount of police-generated tows
are available to each franchisee. No provision of this chapter shall
be deemed to require the police chief to grant any franchise if the
police chief determines that grant of any such franchise is not in
the best interest of the city and the public.
(e)
A
franchisee shall not transfer, sell, sublet or assign the franchise,
nor shall any of the rights or privileges therein be leased, assigned,
sold in whole or in part, nor shall title thereto, either legal or
equitable, or any right, interest or property therein, pass to or
vest in any person, either by act of franchisee or otherwise, unless
written authorization for such transfer, sale, subletting or assignment
is obtained from the police chief.
(f)
Rights
of City Reserved. The grant of a franchise shall be subject to the
right of the city, whether reserved in such grant or not, to make
all regulations that shall be necessary to secure public safety and
welfare, including the right to make and enforce all regulations reasonably
necessary to secure adequate, sufficient, and proper public service.
Every franchise granted shall be subject to the right of the city
to prescribe and regulate the rates, fares, rentals, or charges made
for the service rendered under such franchise, and to have full and
free access, at any and all reasonable times, to all books, records,
and papers of such franchisee with the right to examine the same and
make duplicate copies of the same or any part thereof.
(Ord. 1160 § 1, 1995; Ord. 1450 § 1, 2011)
(a)
Except
as herein provided, all police-generated tows originate from the police
department, communications division. The communications division is
authorized to dispatch tows from the tow vehicle company next in order
on the rotational list. If, however, the owner of the vehicle requests
a particular tow service or a representative of an automobile association
to which the owner belongs, the officer shall so direct that request
to the police department, communications division.
(b)
In
the event a tow vehicle does not appear at the designated point of
tow within twenty minutes (or thirty minutes if the request for tow
services is submitted between the hours of six a.m. and nine a.m.
on weekdays or four p.m. and seven p.m. on weekdays) after the police
department has notified the business to respond to a call, the police
department has the right to call another tow vehicle from the towing
service next in order on the rotational list.
(c)
In the event that the tow vehicle exceeds the maximum allowed response time, as noted in subsection b, administrative penalties will be assessed against the tow company. Any operator that fails to respond or arrives anywhere from one to eleven minutes beyond the maximum response time will be assessed a basic administrative penalty which shall be in the form of a cash fine which will be equal to twenty-five percent of the basic tow rate. Any Operator that fails to respond or arrives in excess of eleven minutes beyond the maximum response time will be assessed an additional administrative penalty, which shall be in the form of a cash fine which will be equal to an additional twenty-five percent of the basic tow rate. This secondary fine is in addition to the basic penalty noted above. Penalties shall be imposed quarterly.
(d)
Extenuating
circumstances that necessitate a delayed response or inability to
respond will be taken into consideration, prior to the imposition
of the penalties, at the direction of the police department.
(e)
If
the tow company calls the police department within ten minutes of
the communications division notification to respond to a call and
advises of an inability to respond, no fine or penalties will be imposed
and the next tow company on the rotational list will be called.
(f)
Operators
that abuse this provision and are habitually late, habitually fail
to respond, frequently make notification of an inability or unwillingness
to respond, or selectively make notification of an inability or unwillingness
to respond to certain classifications of tows shall be subject to
suspension or removal from the rotation tow list and/or cancellation
of the franchise agreement.
(g)
Any
tow company that accumulates excessive fines (which is defined herein
as equal to or more than two times the basic tow rate) during any
portion of the calendar year, shall be suspended from the rotational
tow program until the fines are paid. All outstanding fines shall
be paid in full prior to the renewal of any business license or tow
permit. Failure to pay any fines due will result in the withholding
of the business license and/or tow permit required for the next calendar
year.
(h)
The
fines may be paid in the form of business checks, cash, certified
check or money order. Fines incurred by the tow company shall not
be passed on to the person(s) requiring/requesting the service, of
the permittee or their agents, in any manner. The imposition of fines
and administrative penalties may be appealed to the chief of police.
(Ord. 1160 § 1, 1995; Ord. 1450 § 1, 2011)
(a)
Should
the police chief determine there is sufficient reason to authorize
the suspension or termination of a franchise, the police chief shall
issue a written order to the franchisee clearly stating the reasons
for such suspension or termination. The following constitute grounds
for suspension or termination of a franchise:
(1)
The approval of the application was obtained by fraud or by concealment
of material facts or facts which, if known, would have caused the
disqualification of the applicant;
(2)
The franchisee has violated any of the requirements of state or federal
law, this chapter, or any subsequent rule and regulation established
pursuant hereto;
(3)
The franchisee has been convicted of any of the offenses listed in Section 6.64.085(b)(9)6.64.085(b)(9);
(4)
The franchisee knew or should have known that its driver or drivers
have violated the provisions of the Vehicle Code and have failed to
take corrective action within a reasonable time;
(5)
The franchisee fails to perform the duties established by this chapter
and the tow franchise agreement by any of the following: fails to
timely answer calls, fails to respond to calls within mandated time
periods, and fails to maintain clean and orderly storage facilities;
(6)
Non-payment of a franchise per-vehicle fee in full within thirty
days of its due date;
(7)
The tow vehicle service is found to have charged above the posted
rate;
(8)
The services rendered or the cooperation which the city has received
are unsatisfactory and/or inadequate as a matter of public safety;
or
(9)
The tow vehicle service has violated any of the terms of the franchise
agreement with the city.
(b)
Hearing.
The police chief, upon learning of grounds for removal, shall, by
written notice, inform the franchisee of the action of removal and
the grounds for removal. Within ten days after receipt of the written
notice, the franchisee shall have the right to file a written request
for a hearing before the police chief. If the franchisee files a timely
hearing request, the police chief or the chief’s designee shall
set a time and place for the hearing. All parties involved shall have
the right to offer testimony, documents, and tangible evidence at
a hearing on the issues and to be represented by counsel.
(c)
Appeal. Within ten business days after receiving notification that any person has been denied participation in the rotational tow program or suspended or removed from the rotation list, the applicant shall have the right to appeal such order by filing a written notice of appeal by following the procedure set forth in Section 6.64.240 of this code.
(Ord. 1450 § 1, 2011)
(a)
The maximum rates to be charged for tow vehicle operators for all public property tows and police initiated private property tows shall be determined by the police chief. In establishing the maximum rates for public property and police initiated tows, the police chief shall first consult with and obtain recommendations from one representative selected by the rotation tow vehicle company operators. Upon receiving said advice and recommendations, or following a reasonable effort to obtain same, the police chief will determine the towing rates. The action of the police chief may only be appealable to the city manager. Said appeal must be filed, in writing, within ten days of the police chief’s final decision on the proposed rates. The written appeal must set forth the grounds for such appeal. Notwithstanding Chapter 1.28, the city manager’s decision shall be the final decision of the city. Tow vehicle companies shall not petition for rate changes on an individual basis except as provided for in Section 6.64.110.
(b)
In
determining the maximum rates, the police chief may meet with the
designated representative of the rotation tow vehicle company at least
once biennially (every two years). No other rates for all public property
tows and police initiated private property tows will be allowed, except
as provided in this chapter, without the permission of the police
chief.
(c)
Any
tow vehicle company removing a vehicle from private property at the
request of the property owner or his or her agent shall not charge
any fee in excess of those fees authorized by the Department of California
Highway Patrol tow service agreement application in South San Francisco.
(d)
The
rates established shall be posted and displayed so that they are clearly
visible to customers in each of the garage and storage facilities
of all permittees.
(Ord. 1160 § 1, 1995; Ord. 1450 § 1, 2011)
When establishing towing/storage rates the following shall be
considered to determine a base fee.
(a)
The
prevailing rates in the South San Francisco and other local communities
located in northern San Mateo County judicial district charged by
similar operators providing comparable services.
(b)
The
Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W),
unadjusted data for all items for the twelve months ending in September
of the current year, as published by the United States Department
of Labor, Bureau of Statistics. Adjusted charges will be rounded to
the nearest one dollar.
(c)
Items
that shall not be considered in the establishment of a basic tow/storage
rate are the use of equipment which is required inventory on a tow
vehicle per the California Vehicle Code and South Francisco Municipal
Code, including, but not limited to:
(d)
Tow
responses without proper equipment or required type of tow vehicle
shall not be considered.
(e)
A tow service fee may be considered to offset any extraordinary labor costs incurred at the scene of a tow. This fee may be in addition to the basic fee and may be included only when approved by the chief of police or the representative of the chief of police so specified in subsection (i) of this section.
(f)
The
tow service fee may also be established for public service calls such
as a lock out, providing gasoline, inflating a tire, or any other
type of call where the towing of the vehicle was not initially required.
(g)
An
administrative error fee shall be established and shall not exceed
fifty percent of the basic tow fee plus fifty percent of the accumulated
storage fees not to exceed three days’ storage. No other fees
shall be included. Administrative error fees shall only be applied
to vehicles that are towed not in compliance with the policies and
procedures, rules and regulations of the city, and/or the Uniform
Fire Code and/or the California Vehicle Code.
(h)
A
hook-up/drop fee may also be considered but should not exceed fifty
percent of the basic tow rate and cannot be authorized unless the
tow vehicle is physically connected to another vehicle and in preparation
for tow. No other fees shall be considered in addition to the hook-up/drop
fee.
(i)
Additional
fees for a specific tow incident may be considered by the chief of
police or his designee upon receipt of a written request from the
tow company’s authorized representative prior to release of
the vehicle. The written request shall include an itemized cost of
all services rendered and specialized equipment used at the specified
tow incident.
(Ord. 1160 § 1, 1995)
(a)
The
permittee or designate individual or agent of the permittee that removes
or causes the removal of any vehicle from private property at the
request of owner(s), agent(s) of the owner(s) or person(s) in lawful
possession of the property shall notify the South San Francisco police
department of the removal within thirty minutes of the removal of
the vehicle from its initial point of rest on a parcel of land. Parcel
of land shall include the whole or any subdivided portion of the whole
parcel for purposes of this section. “Initial point of rest”
means the specific location of the vehicle on the parcel or the subdivided
portion of the parcel as listed with the city and/or county of San
Mateo. The permittee or designated individual(s) or agent(s) shall
also comply with all of the requirements of California Vehicle Code
Section 22658 and applicable subsections. The “local traffic
law enforcement agency” as used in 22658 for the purposes of
enforcement of this section shall be the South San Francisco police
department.
(b)
Any tow company operating in the city and county of San Francisco, any incorporated or unincorporated cities or areas of San Mateo County, Santa Clara County or Alameda County who remove or attempt to remove any vehicles from public or private property in the city under the provisions of subsection (a) of this section shall be prohibited from charging any fees greater than those which are authorized by the city, also known as the local traffic law enforcement agency, for the purposes of this chapter.
(Ord. 1160 § 1, 1995)
(a)
To
regain possession of a vehicle removed, stored or impounded on a police-originated
request for tow service under the provisions of this chapter or the
California Vehicle Code, the person reclaiming the vehicle shall appear
at the police department to obtain a release form for such vehicle.
(b)
Upon
presentation of a completed police release form, the garage keeper
may require suitable identification or credentials to satisfy him
or herself that the claimant is entitled to possession of the vehicle.
The garage keeper shall thereafter be required to release the vehicle
only after the claimant has paid the lawfully accrued charges, signed
the police release form to the garage keeper, except in the following
cases:
(1)
Where the garage keeper has been notified by the police department
that a hold has been placed upon the vehicle, the vehicle shall not
be released by the garage keeper unless the police release form indicates
that there is no longer a hold or the garage keeper has been otherwise
notified by the police department.
(2)
Where there is reasonable cause to believe that the person claiming
the vehicle is not lawfully entitled to the custody thereof, the vehicle
shall not be released until direct police authorization is obtained.
(3)
Where the person claiming the vehicle refuses to pay the lawfully
accrued charges, refuses to sign the police department release, or
refuses to make proper identification of themselves or of their right
to custody of the vehicle.
(c)
The
garage keeper shall obtain and record all pertinent information required
on the release form for each vehicle placed in his custody as a result
of police activity. On the date the vehicle is released, the garage
keeper shall complete the copies of the release form, keep one copy
for his or her own purposes and reference.
(d)
The
owner or operator of the vehicle, before signing the release, shall
compare the condition of the vehicle with that listed on the inventory
completed by the police officer and the tow vehicle operator. Any
discrepancies between the list and the actual condition of the vehicle
shall be noted on the form prior to release of the vehicle and the
discrepancies reported to the police department by the tow vehicle
operator as soon as possible.
(e)
Whenever
any vehicle removed and impounded by this chapter is not reclaimed
after ten days, the garage keeper shall immediately notify the police
department which caused the vehicle to be towed of such fact giving
the police department all accurate information regarding such towed
vehicle necessary for correct identification.
(f)
All
garages and garage keepers shall abide by the provisions of Section
10652 of the Vehicle Code, state of California, by notifying the Department
of California Highway Patrol in the manner prescribed therein whenever
a vehicle has been stored in the garage for thirty days.
(g)
The
garage keeper shall release all personal property stored in the vehicle
to the registered owner of the vehicle without charge. Prior to releasing
the property the garage keeper shall request suitable identification
from the person claiming the property. The person claiming the property
shall present suitable identification the garage keeper in the form
of a valid California driver’s license, a valid California identification
card, or other valid photo identification. Personal property will
not include any equipment that is temporarily or permanently mounted
on the vehicle but will include specialized tools, clothing, jewelry,
portable radios, tapes, etc.
(Ord. 1160 § 1, 1995)
(a)
Any
tow vehicle operator who, in response to a police call, charges more
than the posted rate for his service may be suspended from the rotational
list for thirty days and the owner of such vehicle shall not be liable
for any amount in excess of the posted rate.
(b)
Any
permittee who charges more than the authorized posted rate for a tow
service may have the tow permit suspended up to thirty days by the
chief of police without appeal.
(c)
Persons
operating or in charge of any storage facility where vehicles are
stored pursuant to this chapter or the California Vehicle Code shall
accept a valid bank credit card or cash for payment of all authorized
towing and storage fees by a registered owner or the owner’s
agent claiming the vehicle. Credit charges shall comply with Section
1748.1 of the Civil Code. The cost of providing payment by credit
shall be borne by the permittee and not charged to the registered
owner of the vehicle or the agent seeking release of the vehicle.
(Ord. 1160 § 1, 1995)
(a)
No
tow vehicle operator or other person shall, at the location of any
vehicular accident, collision or other catastrophe or calamity, solicit
or offer the sale of any tow service.
(b)
No
tow vehicle operator or other person shall park a vehicle equipped
for use as a tow vehicle within five hundred feet of the location
of any vehicular accident, or collision, or other catastrophe except
under the direction or permission of the chief of police or officers
or other duly authorized law enforcement officers, at the scene of
said accident, collision or catastrophe.
(c)
The
prohibition contained in this section and subsections thereof shall
apply from the time of the happening of the accident, collision or
other catastrophe or calamity until the law enforcement officers,
public health officials, emergency personnel and other persons discharging
duties imposed by law conclude their activities at the location of
said occurrence.
(Ord. 1160 § 1, 1995)
(a)
Suspension. If the chief of police determines that the permittee has failed to comply with the terms of the permit or the provisions of this chapter, or other applicable city ordinances or applicable provisions of the laws of the state, he or she may, following notice as provided herein, suspend the permit, which suspension may be appealed by the permittee as set forth in Section 6.64.240. The suspension shall be for a period of not exceeding thirty days, except that the chief of police may reasonably extend the period of suspension pending permittee’s performance of the necessary acts to comply with the provisions of this chapter or other applicable city ordinances or laws of the state. Ten days prior to the issuance of an order suspending the permit, the chief of police shall give the permittee written notice of intention to suspend and recite therein the reasons for the suspension. The notice shall provide that the permittee may appear before the chief of police to show cause why the permit should not be suspended.
(b)
Revocation. If the chief of police determines that the permittee has failed to comply with the terms of the permit or the provisions of this chapter or other applicable city ordinances or applicable provisions of the laws of the state, he or she may, following notice provided herein, revoke the permit, which revocation may be appealed by the permittee, as set forth in Section 6.64.240. Ten days prior to the issuance of an order revoking the permit, the chief of police shall give the permittee written notice of intention to revoke and recite therein the reasons for the proposed revocation. The notice shall provide that permittee may appear before the chief of police to show cause why the permit should not be revoked.
(Ord. 1160 § 1, 1995)
It shall be grounds for suspension or revocation of a permit
if any permittee, his or her agent or employee or any person connected
or associated with the permittee as partner, director, officer, stockholder,
general manager or person who is exercising managerial authority of
or on behalf of the permittee has:
(a)
Knowingly
made any false, misleading or fraudulent statement of a material fact
in an application for a permit, or in any report of record required
to be filed with the police department; or
(b)
Violated
any provision of this chapter or of any statute relating to his or
her permitted activity; or
(c)
Failed
to obtain a current, valid license to do business in the city; or
(d)
Been
convicted of a felony or any crime involving theft or embezzlement;
or
(e)
Committed
any act constituting dishonesty or fraud; or
(f)
Committed
any unlawful, false, fraudulent, deceptive or dangerous act while
conducting a towing operation business; or
(g)
Published,
uttered or disseminated any false, deceptive or misleading statements
or advertisements in connection with the operation of the towing service;
or
(h)
Violated
any rule or regulation adopted by the city council relating to permittee’s
business; or
(i)
Wilfully
failed to comply with the terms of any contract made as a part of
the exercise of the towing operation; or
(j)
Conducted
the towing operation in a manner contrary to the peace, health, safety
and general welfare of the public; or
(k)
The
permittee, his or her agents or employees, obtained a tow contract
by use of fraud, trick, dishonesty or forgery; or
(l)
The
permittee, his or her agents or employees, towed a vehicle to a location
other than listed as the business address of such permittee without
first receiving authorization to do so by the person authorizing the
tow; or
(m)
The
permittee, his or her agents or employees, after towing a vehicle
to the business location of the permittee, without authorization,
towed such vehicle to another location for storage; or
(n)
The
permittee, his or her agents or employees, have conspired with any
person to defraud any owner of any vehicle, or any insurance company,
or any other person financially interested in the cost of the towing
or storage of any vehicle, by making false or deceptive statements
relating to the towing or storage of any vehicle; or
(o)
The
permittee, his or her agents or employees, removed a vehicle involved
in a collision prior to arrival of police, and a person included in
the accident was under the influence of an intoxicant of any nature,
or a person, as a result of such collision, suffered death or injury,
or there is evidence that such vehicle was involved in a hit-and-run
collision or as a result of such collision property damage in excess
of one thousand dollars was incurred; or
(p)
The
permittee, his or her agents or employees, have charged for services
not performed, equipment not employed or used, services or equipment
not needed, or have otherwise materially misstated the nature of any
service performed or equipment used; or
(q)
The permittee, his or her agents or employees, have violated the rules and regulations established by the chief of police pursuant to Section 6.64.085 of this chapter;
(r)
The
permittee, his or her agents or employees have been found by a court
of law or by the Equal Employment Opportunity Commission or by the
California Department of Fair Employment and Housing to have sexually
harassed or discriminated against an employee, agent or customer based
on race, sex, heritage, disability or ethnicity.
(Ord. 1160 § 1, 1995)
(a)
It
is unlawful for any entity holding a business license and/or tow permit
issued by the city to allow any person to operate a tow vehicle unless
that person possesses a valid tow vehicle operator’s permit.
(b)
It
is unlawful for any person to operate a tow vehicle in the city unless
that person first possesses a valid tow vehicle operator’s permit
issued by the city.
(Ord. 1160 § 1, 1995)
(a)
An
application for a tow vehicle operator’s permit shall be made
in writing to the chief of police by the towing concern employing
the prospective permittee and shall include a receipt showing that
the applicant has paid to the director of finance a nonrefundable
processing fee as set forth in the master fee schedule of the city.
(b)
Each
tow vehicle operator’s permit shall include:
(1)
The name, address, telephone number, date of birth, height, weight
and race, and identifying physical features such as scars and tattoos
visible when clothed in short sleeved attire of the permittee;
(2)
A copy of the applicant’s valid California driver’s license
for the class of all tow vehicles to be operated;
(3)
Two recent photographs of the permittee (one and one-half inch square)
to be provided by the applicant;
(4)
The name, address and telephone number of the permittee’s current
employer;
(5)
The signature of the permittee’s current employer endorsing
the application and certifying that:
(i)
The signatory is in fact the permittee’s current employer,
and
(ii)
The permittee has demonstrated to the signatory that the applicant
has proficient knowledge of the traffic laws of the city and of the
state of California and has demonstrated the ability to operate the
type of vehicle(s) which will be utilized in the performance of any
towing operation.
(Ord. 1160 § 1, 1995)
(a)
No
permit shall be granted to any person under the age of eighteen years.
(b)
The
permittee’s driver’s license is expired, suspended or
revoked, or the permittee has been arrested and convicted of any of
the following: a stolen or embezzled vehicle; auto theft or larceny
from a vehicle; any crime of physical violence; any illicit drug related
offense; misdemeanor or felony driving while under the influence of
alcohol, drugs, or any combination thereof or any other alcohol and/or
drug related driving offenses; any obscene, indecent, or sex-related
crime, or other crime of moral turpitude; except that the police chief
may determine after reviewing supporting documentation that the conviction
was of a sufficiently minor nature and a sufficiently extensive period
of time has passed, that the application may be approved, notwithstanding
the conviction.
(Ord. 1160 § 1, 1995; Ord. 1450 § 1, 2011)
(a)
Every
permittee’s permit issued hereunder shall set forth the name
of the employer and/or the name of the company whose equipment the
permittee is authorized and licensed to operate.
(b)
Every
permittee operator’s permit shall be worn on the outer garment
of the permittee or be openly displayed inside the tow vehicle any
time the permittee is engaged in any activity on the behalf of the
employer. The operator’s permit shall be maintained in a clearly
legible condition in a transparent holder which shall be supplied
by the employer and shall be presented anytime requested.
(c)
The
tow vehicle operator’s permit shall be valid only for as long
as the employee is employed by the signatory of the permit. Upon termination
of such employment, for any reason, the permittee or the signatory
shall surrender the permit to the chief of police or the person designated
by the chief of police. The tow vehicle operator’s permit shall
be canceled and deemed not valid for any future employment of the
same or like type.
(Ord. 1160 § 1, 1995)
The tow vehicle operator’s permit shall be valid for a period not to exceed five years. Upon expiration of the permit, the permittee shall reapply with updated information and photographs, as required in Section 6.64.190.
(Ord. 1160 § 1, 1995)
The chief of police shall have the authority to suspend or revoke
any tow vehicle operator’s permit issued hereunder for any of
the reasons for which an application for such a permit may be denied
or if the holder thereof is found guilty by any court for reckless
driving, driving under the influence of alcohol or driving while intoxicated
or sales or possession of dangerous drugs, narcotics, or any other
restricted drugs, or for any fraud or sexual assault violations.
(Ord. 1160 § 1, 1995)
(a)
The
permittee may appeal the denial, suspension or revocation of a permit
by filing a written notice of appeal with the city manager within
ten days after receipt of an order of suspension or revocation from
the chief of police.
(b)
Upon
receipt of said written notice of appeal, the city manager shall set
a date for hearing said appeal, which date shall be within twenty
days after receipt of appellant’s notice of appeal. The city
manager, or designee, shall conduct the hearing on the appeal. Written
notice of the time and place of the hearing shall be given to the
appellant at the address provided in the application at least ten
days prior to said hearing by placing same in the U. S. mail, postage
prepaid, certified return receipt requested.
(c)
The
city manager or designee shall render his or her decision within thirty
days after the date of the hearing. Said decision shall be final and
no appeal may be taken to the city council.
(Ord. 1160 § 1, 1995)
(a)
Unless otherwise separately designated in each section of this chapter, violations of this chapter shall be considered an infraction punishable as set forth in Section 1.24.030.
(b)
Other
penalty options may include permit and business license suspension
and/or revocations.
(Ord. 1160 § 1, 1995)
