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.
“Automobile dismantler’s tow vehicle”
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.
“Business license”
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.
“City”
means the city of South San Francisco.
“Garage keeper”
means a tow vehicle company storage yard operator.
“Local traffic enforcement agency”
means South San Francisco police department.
“Operator”
means the owner and/or manager of a tow vehicle company.
“Police chief” or “chief of police”
means the chief of police of the city of South San Francisco or designee.
“Police-generated tow”
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.
“Rotational tow program”
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.
“Rotation list”
means placement on the rotational lists to be called by the police department when assistance is needed to remove vehicles disabled, abandoned or impounded.
“Tow vehicle”
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.
“Tow vehicle driver”
means a person holding a valid California driver’s license and who has been trained and fully authorized to operate a tow vehicle.
“Tow vehicle operator”
means a person holding a valid California driver’s license and who has been trained in how to operate a tow vehicle.
“Tow vehicle permit”
is a permit issued to a tow vehicle company by the chief of police in accordance with provisions of this chapter.
“VIN”
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.
(b) 
Any person(s) or tow company owner(s) violating the provisions of this section or failing to comply with the mandatory provisions of this section is guilty of a misdemeanor and, upon conviction, such person shall be punished as provided in Chapter 1.24 of this code.
(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
(e) 
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 any unpaid penalty assessment outstanding for violation of Section 6.64.090.
(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);
(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:
(1) 
A Slim Jim or similar device used for unlocking vehicles;
(2) 
Compressed air tanks;
(3) 
Floor jacks.
(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 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)